Few things stop a mining or infrastructure project faster than graves discovered late. Across rural South Africa, families have buried their relatives on farms and communal land for generations, often without markers that survive. When a pit, haul road, tailings facility or power line crosses these graves, relocation becomes a legal, social and practical process that cannot be rushed.
This guide sets out how the process works, how long it takes, and where projects most often go wrong.
Which law applies?
The starting point is the age of the grave. Graves older than 60 years that lie outside a formal municipal cemetery are protected by section 36 of the National Heritage Resources Act (Act 25 of 1999). They may not be disturbed, exhumed or relocated without a permit from SAHRA’s Burial Grounds and Graves Unit or the relevant provincial heritage authority (for example, Amafa in KwaZulu-Natal).
Graves younger than 60 years fall under provincial exhumation legislation and health regulations. These require permission from the provincial Department of Health and the local authority, and a registered undertaker usually handles the exhumation.
In practice, a single site often contains both, and unmarked graves may be of unknown age. A qualified specialist should treat them as protected until proven otherwise.
Step 1: Identify and record the graves
Graves are usually first identified during the Heritage Impact Assessment for an EIA or mining right. A detailed grave survey then records each grave with GPS coordinates, photographs, dimensions and any inscriptions. Ground-penetrating radar helps locate unmarked burials that are invisible on the surface. This record becomes the basis for the permit application and for next-of-kin tracing.
Our recent N8 expansion project originally indicated 8 graves and after GPR work it was determined that it was in fact 36 graves.
Step 2: Consider avoidance first
Relocation is a last resort. Where a grave cluster can be fenced off and bypassed with a minor design change, this is usually faster and cheaper, and is what heritage authorities and international lenders expect to see considered first.
Step 3: Social consultation and next-of-kin tracing
This is the heart of the process and the step that most often causes delays. Families must be traced, informed and consulted. Traditional leaders and community structures are involved. For graves over 60 years, the heritage authority needs to see that a genuine effort was made to contact and reach agreement with those who have a traditional interest in the graves.
Notices must be displayed on site and published in local newspapers, typically for a period of 60 days, giving anyone with an interest the chance to come forward.
When consultation is rushed, projects face objections, blockades and permits that are refused or delayed.
Step 4: Permit applications
With consultation documented, the specialist lodges the permit application (for graves over 60 years, through SAHRIS) along with the survey, consultation record, family consent where obtained, and the proposed reburial site. Permissions for younger graves are obtained in parallel from the health authority and the municipality.
Step 5: Exhumation and reburial
Exhumation is carried out under the supervision of an accredited archaeologist, with families able to attend and conduct ceremonies. Remains are handled with dignity, recorded, and reburied at the agreed cemetery, with new headstones or markers where agreed.
Step 6: Close-out reporting
A final report goes to the heritage authority and the client, documenting every grave from original location to reburial. For lender-financed projects, this report also supports compliance with international standards such as IFC Performance Standard 8.
How long does it take?
For a straightforward project, allow at least four to six months from survey to reburial. The 60-day notice period alone sets a minimum. Large projects with hundreds of graves, many families or disputed ownership can take a year or longer. At Koffiefontein, tracing the families of migrant workers buried in historic mass graves took two years before the first exhumation. The most common cause of delay is starting too late.
Three mistakes that cost projects money
- Budgeting from an estimate instead of a survey. Grave counts almost always rise once a detailed survey is done.
- Treating consultation as a formality. Communities remember how their ancestors were treated.
- Leaving it until construction. Graves found during stripping mean a stop-work order and a process that still takes months.
Talk to us early
G&A Heritage has relocated graves for mining houses and developers across southern Africa, including the recovery of more than 300 individuals from historic mass graves at Koffiefontein Mine. Every project is directed by an ASAPA-accredited Principal Investigator, and we manage the full process, from survey and family consultation to permits, exhumation and reburial.
Planning a project with graves on site? Request a site assessment.