Erasmus Shalihaxwe
Under the newly passed Civil Registration and Identification Bill of 2024, families must apply for a burial order at least three days before laying their loved ones to rest, or risk facing criminal charges.
The bill, approved by Parliament this year, outlines strict procedures for burials and identity management after death.
“The Bill creates an offence for persons who fail to notify the relevant authorities of the burial of a body without a burial order as required under clause 34(1) and for persons who take receipt of a body from any person other than a hospital or police mortuary for burial purposes,” reads the bill.
The legislation criminalises failing to notify authorities of a burial conducted without the proper order.
In addition, anyone receiving a body for burial from a source other than a hospital or police mortuary will face legal consequences.
The bill also mandates the creation of burial registers to document the burial location of individuals in both public and private spaces.
This ensures that all burials are recorded in an official capacity.
The bill also makes provision for the cancellation, delivery, or seizure of identity documents of deceased persons, including the cancellation of the identity number of a person on the civil register upon receipt of the application for a death certificate.
The Bill further makes provision for the disclosure of information from the civil register to organs of the state where there is a written agreement between the minister and the organ of the state concerned.
The bill includes clauses about information sharing.
This is in instances of data sharing between the minister and state organs as well as with private entities through formal agreements.
Additionally, the bill allows for law enforcement and intelligence agencies such as the Namibian Police, Namibian Central Intelligence Services, and the Anti-Corruption Commission with access to civil register data.
The minister may also enter into an agreement with the Financial Intelligence Centre and other countries for the disclosure of information in the Civil Register.
The bill also protects sensitive personal information, limiting access to another person’s data unless consent is given or a court order is in place.
This is particularly relevant in cases of adoption, identity changes related to witness protection, or births resulting from medical procedures involving donor gametes.
