1. Name and address of archaeologist or person who is to be responsible for the action(s): Heritage Resources Management Solutions cc.

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1 SOUTH AFRICAN HERITAGE RESOURCES AGENCY 111 HARRINGTON STREET, CAPETOWN PO BOX 4637, CAPE TOWN, 8000 TEL: FAX: FOR OFFICIAL USE ONLY: File No.: Date received:... Date approved:... Applicant:... Site/Object:... Permit No.:... APPLICATION FOR PERMIT: BURIAL GROUNDS AND GRAVES Please note: Permit Applications expire one year after the date of receipt. In terms of Section 36 (3) of the National Heritage Resources Act, 1999 (Act No. 25 of 1999) no person may, without a permit issued by the relevant heritage resources authority: (a) destroy, damage, alter, exhume or remove from its original position or otherwise disturb the grave of a victim of conflict, or any burial ground or part thereof which contains such graves; (b) destroy, damage, alter, exhume or remove from its original position or otherwise disturb any grave or burial ground older than 60 years which is situated outside a formal cemetery administered by a local authority; or (c) bring onto or use at a burial ground or grave referred to in paragraph (a) or (b) any excavation equipment, or any equipment which assists in the detection or recovery of metals. Other application forms are available for archaeological and palaeontological material and sites (302), for shipwrecks (303), for the export or sale of heritage objects including archaeological and palaeontological material, material from shipwrecks and meteorites (304), for the built environment and landscape (307) or the registration of private collections (402). Applicants are advised that without full details no permit may be issued. A. DETAILS OF APPLICANT AND OTHER RELEVANT PEOPLE 1. Name and address of archaeologist or person who is to be responsible for the action(s): HS Steyn Professional Grave Solutions (Pty) Ltd PO Box Totiusdal, 0134 in association with: WC Nienaber (acting as Principal Investigator) Heritage Resources Management Solutions cc 225 Roos Street Meyerspark 0184 Tel: Tel: (012) Fax: Fax: Cell: Cell: henk-steyn@lantic.net hrms@lantic.net Identity number: Identity number: Qualifications and relevant experience: Refer Appendix A for abbreviated curriculum vitae. 3. Name & address of a person who can serve as a reference: Dr M Esterhuysen Department of Archaeology

2 School of Geography, Archaeology and Environmental Studies University of the Witwatersrand Private bag 3 WITS 2050 Tel: (011) Name and address of owner of the land: Mr Frantz Muller as representative of: Noelene Enterprises PO Box 12449, Centurion, 0046 WBH Building, 176 Sonja Street, Doringkloof, Centurion Phone: (H) N/A (W) (C) Fax: frantz@absamail.co.za Identity number: Company Registration Number: 1969/014112/07 5. Name & address of planning authority (where relevant): N/A Phone: (H) (W) (C) Fax: 6. Have arrangements been made to cover the cost of the action(s) (Please circle as appropriate-): YES NO 7. Name and address of the South African scientific institution (if applicable) that will curate the material recovered if it cannot be re-interred: Not applicable B. DETAILS OF GRAVE OR BURIAL GROUND 8. Name(s) of place: The area where the cemetery is located is referred to as Chloorkop X48, Kempton Park, Gauteng. 9. Is the grave/ burial ground that of - Victim(s) of Conflict? (Please circle as appropriate) and/or and/or has the grave been - older than 60 years? - found accidentally during the course of development? The cemetery consists of five graves that are definitely older than 60 years (according to the inscriptions on the headstones) and approximately 18 graves that have no inscriptions and are therefore presumed to be older than 60 years. The total is 23 graves However, one of the graves is very large and could contain up to four remains; therefore the total could be twenty-six. 10. Brief description: The cemetery is situated in an industrial area in the Chloorkop area of Kempton Park on Portion 43 of the farm Mooifontein 14-IR. The property will in future be known as Chloorkop Extension 48. The graves are located in the middle of plot number 5343 (the plot covers an area of 2482m 2 ) making any development on the property impossible unless the graves are relocated. The development and affected property are zoned for industrial purposes (refer Appendix I) for a map of the development. Please note that no EIA or HIA has been conducted on the property. According to our client this was not required as part of the establishment of the township. The conditions under which the planned township was approved were attached with the previous application.

3 A total of twenty-three graves have been identified. One grave has a very large cement slab covering it it is possible that as many as four graves may be located under the dressing, bringing the total number of graves to twenty-six. Eight of the graves have formal grave dressings but only five have legible or semilegible inscriptions. The graves are arranged in four rows containing (from west to east) 3, 10, 3 and 6 graves respectively. The oldest known grave dates back to 20 February 1872 (Jantien van der Veen) and the most recent to March 1934 (Hendrik Johannes Albertyn). Refer Appendix B for the graves register and a brief description of individual graves. Figure 1. Photograph of the cemetery looking west Figure 2. The oldest headstone in the cemetery, dating back to 1872 (CH17) Figure 3. Headstone of CH23 (Johannes Jacobus Wiese Albertyn) Figure 4. Headstone of CH02 ( Adriana Catharina White) 11. Evidence for date of grave(s): The dates for the five inscribed graves were obtained from the headstones. The dates of most of the other graves are currently unknown. The known most recent date of 1934 and the oldest date of 1872, indicates that the five graves are definitely older than 60 years and the others are likely to be 60 years or older. 12. Geographical Situation of Site or Object (Please mark general location of grave(s) on a photostat of a 1: map (NB)

4 Province: Gauteng Magisterial district: Ekurhuleni 1: Map number: 628AA Latitude & Longitude: E Recording method (GPS, Trig., Other): GPS Farm Name and No.: Portion 43 of the farm Mooifontein 14 IR, recently proclaimed as Chloorkop X48 Nearest Town: Kempton Park /Street address & Erf # :. Figure 5. Locality map 13. If it is a national or provincial heritage site / object, the number and date of the notice in the Government Gazette: Not applicable.

5 C. REASON FOR APPLICATION 14. Purpose of and reasons for application: Relocation of graves affected by the industrial development of the property on which they are currently situated. 15. Period for which permit is required (Permits are not normally issued for periods longer than three years): From: As soon as possible To: October Nature of activity. Please circle the appropriate activities below Destruction or Damage* Exhumation and re-interment* Excavation* Other* *: Refer C.14. above. Alteration* (e.g. Restoration) Removal from original site* Bring into use a metal detector or other equipment** D. PREREQUISITES FOR PERMIT 17. Please indicate what arrangements have been made for the exhumation and re-interment of the contents of the grave(s)(provide documentation and details): Reburial of the relocated graves will be in the Kempton Park (Bredell) Municipal cemetery where the original layout of the cemetery will be recreated. The reburial will be done by Martins Funeral Undertakers. 18. Please give details of consultation with communities and individuals who by tradition has an interest in the grave(s), and of the agreement reached with such communities and individuals (as required by Act 36 and the relevant Regulations Chps IX and XI) (provide documentation and details): A detailed social consultation process was conducted in order to identify the next of kin of the deceased and to get their permission to relocate the graves from their current position. We made use of site notices, newspaper advertisements as well as a newspaper article. The social consultation started with the placement of bilingual legal notices at the site as required by legislation. The notices were initially put up on 2007/12/07. Similar notices were published in the Beeld (the most widely read Afrikaans newspaper in Gauteng) on Wednesday 30 January 2008 (refer Appendix D). No comments were received from any interested and affected parties as a result of the advertisement or the site notices. Refer Appendix C for copies of the notices. As a result of the lack of information on the graves, PGS arranged with the Beeld newspaper to run an article about the possible relocation of the graves. The article appeared in the Johannesburg print edition of the Beeld on 18/03/2008 and on the Beeld website on the same day (refer to Appendix D). The article gave the background to the project and encouraged any interested and affected parties to contact us should they have any information regarding the graves. As a direct result of the article we were contacted by Ms. Gladys Wilken, a granddaughter of the late Adriana Catharina White, one of the deceased. After the reason for the possible relocation was fully explained to her, Ms. Wilken gave us written permission to relocate the grave of the late Adriana Catharina White. As a further result of the newspaper article, we received correspondence from Mr. Hennie Brits, a partner in the law firm of Blignaut Britz Attorneys in Jeffreys Bay. In his correspondence Mr. Brits stated that he

6 represented persons who were all grandchildren of the late Adriana Catharina White (they are also siblings): 1. Maria Magdalena Martenzina White (Brits), born 02/03/ Adriana Catharina White (Robinson), born 08/10/ Gezina Catharina White (Barnard), born 15/04/1941 Initially, Mr. Brits stated that he was aware that PGS had received permission from Ms. Gladys Wilken for the relocation of the remains of Adriana Catharina White, but that his clients also have a say in the matter. Mr. Brits furthermore stated that his clients needed certain information before they could make a decision regarding the relocation of the graves. The information requested was regarding the proposed use of property; the commercial value of the property; the possibility of financial benefit and whether there were alternatives to relocation of the graves. PGS addressed Mr. Brits s questions in detail by letter. We explained the whole process and clearly stated the reasons for the planned relocation. It was also made clear that no compensation was to be paid to any person as a result of the relocation. After a three month delay, repeated phone calls and another letter, Mr. Brits sent us a letter (dated 2008/07/07) stating that his clients do not give permission for the relocation of the graves. No reasons were given for this decision. At this point we were instructed by our client to continue with the permit application process. A permit for relocation of the graves was issued by SAHRA APM Unit (Appendix H) and by the Gauteng Forensic Pathology Department. NB: However, in the interim, there was an extended delay on the client s side in obtaining the finalized township establishment and section 82 certificate. This was only finalized this year (see letter from client Appendix E2). The SAHRA permit has therefore expired (since it was issued in 2008) and so PGS is resubmitting the application to the Burial Grounds and Graves Unit of SAHRA for renewal. The legal notices required in terms of the relevant legislation have been re-published in the Beeld and the Daily Sun newspapers (Appendix D2) and a new application is also in progress with the Gauteng Department of Health. The family member who previously gave consent for the removal (Mrs Gladys Wilken) has renewed her consent (Appendix F). The other family members who were previously represented by Mr Brits, have indicated via Mr Brits that Mrs Wilkin is the final authority regarding permission for the grave relocation (pers.com HS Steyn, 18/09/2012) Since all the supporting documents for the initial application (specifically the communication between PGS and the relevant family members: Mrs Wilken and Mr Britz) were submitted to SAHRA with the previous application and a permit was issued, only the latest relevant information is included with this application (newspaper notices, family permission, landowner motivation letter, copy of previous SAHRA permit) APPENDICES: Appendix A - Abbreviated Curriculum Vitae Appendix B - Register Of Graves Appendix C - Copies Of Site Notices (2007) Appendix D - Copy Of Newspaper Notices (2012) Appendix E - Copy Of Landowner s Permission (2008) & Motivation Letter (2012) Appendix F - Permission From Mrs Wilken (2012) Appendix G - Survey Map Of Development Appendix H SAHRA APM permit (2008)

7 We, WC Nienaber and HS Steyn Undertake strictly to observe the terms, conditions, restrictions, regulations, and guidelines under which the Council may issue the permit to me. Signature:..... Place: Pretoria (Applicant) Date: 2012/10/09 Signature:..... Place: Pretoria (Acting as Principal Investigator) Date: 2012/10/09 I, Refer Appendix E for permission from landowner. hereby give permission for the above actions to be undertaken. Signature:..... Place: (Landowner) Date: I Not applicable Head of (institution) hereby undertake to store in our institution the relevant material and records. Signature: (Head of Institution) Date:

8 From May 2006, certain permit applications submitted to the South African Heritage Resources Authority, SAHRA, in terms of the National Heritage Resources Act (Act No 25 of 1999) must be accompanied by payment of the appropriate fee (PTO). Permit Applications made on SAHRA APM Permit Form No 305 will carry the following fees: 1. Permits issued by SAHRA Archaeology, Palaeontology & Meteorite Unit (APM) Unit for burials i. Application fee for burials disturbed or relocated in terms of s.36 in consequence of development; ii. Application fee for accidentally discovered burials disturbed or relocated in terms of s.36; Fee R250 unless SAHRA directs otherwise Exemption *Application Code *AP305BUR *AP305BAE 2. Permits issued for Victims of Conflict in terms of s.36; Exemption *AP305EXE Kindly ensure that you supply the Application Code (see table above*) followed by the surname of the permit applicant, in the reference section of the bank deposit slip. For example, AP305BUR MGUNI would be entered in the reference section of the bank form for an application for restoration or relocation of a grave from an applicant with the surname Mguni. Charges may be waived, at the discretion of SAHRA Chief Executive Officer, for certain permit applications. It should be NOTED that SAHRA may, in terms of section 3 of the SAHRA permitting regulations, require that a financial deposit be lodged with SAHRA to safeguard a heritage resource until satisfactory completion of the action for which the permit is required. PAYMENT may be made by depositing the relevant amount into the SAHRA bank account and faxing or producing the proof of payment (i.e., stamped deposit slip, internet banking confirmation, etc.), OR through Internet Banking and ing or faxing proof of payment, OR by cheque, on application. PLEASE TAKE NOTE THAT APPLICATIONS NOT ACCOMPANIED BY A PAYMENT OR PROOF OF PAYMENT MAY NOT BE PROCESSED UNLESS EXEMPTED ABOVE OR BY SAHRA. SAHRA BANKING DETAILS: South African Heritage Resources Agency ABSA Bank, Adderley Street; Cape Town Bank Code: ; Account Number: Should you have any queries please contact the appropriate unit via: SAHRA, PO Box 4637, Cape Town 8000; or by at info@sahra.org.za; or Tel: ; Fax:

9 APPENDIX A ABBREVIATED CURRICULUM VITAE May 2006 Name: Willem C NIENABER Profession : Archaeologist Date of birth : Nationality : South African Professional affiliations : Association of South African Professional Archaeologists Anatomical Society of Southern Africa World Archaeological Congress ASAPA CRM Section, Accreditation as: Principal Investigator Grave Relocation Laboratory specialist Human Remains Analysis Field Supervisor Iron Age Archaeology - Historical Archaeology Pan African Association for Prehistory and Related Studies Professional Office : Membership Secretary & Term: ASAPA Secretary Term: ASAPA CRM Section Member: Mapungubwe National Park Archaeological Task Group, Member: Organising committee of International Symposium of Morphological Sciences 2001 Education : BA[Hons] Archaeology, University of Pretoria 1995 Bsc[Hons] Anatomy, University of Pretoria 1999 Languages : Afrikaans (speaking, writing, reading - excellent) English (speaking, writing, reading - excellent) Countries of work experience : South Africa, Swaziland, Zimbabwe Key qualifications: Archaeology, anthropology, forensic archaeology, applicable survey methods, fieldwork and project management, exhumation and re-interment of human remains, repatriation of human remains, social consultation and public participation, culture resource management. Experience record City Council of Pretoria University of Pretoria Business Enterprises University of Pretoria (Pty) Ltd (short term contract appointments) Professional Grave Solutions (Pty) Ltd (short term contract appointments) Heritage Resources Management Solutions (cc) present 2002 present 2003 present 2003 present 21 Research projects: 4 at Field Supervisor; 12 at Field Director and 5 at Principal Investigator level. 3 Forensic remains recoveries at Principal Investigator level. 8 Phase I Cultural Resource Management projects at Principal Investigator level.

10 40 Phase II Cultural Resource Management projects: 3 at Field Director and 37 at Principal Investigator level. 2 Phase III Cultural Resource Management projects at Principal Investigator level. Above includes 60 projects involving graves (2617 graves in total). 47 Unpublished reports to statutory, state and other bodies. 27 National and International scientific conferences attended (40 papers or posters presented). 18 Publications in accredited scientific journals. (1 in print; 2 submitted) 1 Book Chapter with M Steyn and MY Iscan on Forensic Archaeology. 1 Book Chapter with M Steyn on Repatriation. Peer review referee to: South African Archaeological Bulletin 2004 International Journal of Forensic Sciences 2004 CURRICULUM VITAE (Abridged) Name: HS (Henk) Steyn Id No: Profession: Nationality: Age: 36 Qualifications: Professional Background Archaeologist South African 1996: University of Pretoria: Bachelor of Arts with Archaeology, History and Cultural History as subjects. 1997: University of Pretoria: Honours Degree (Cum Laude) in Archaeology. Professionally involved in Heritage related studies and grave relocation since 1997 Member of ASAPA (Association of Southern African Archaeologists) Managing Director of Professional Grave Solutions (Pty) Ltd, a company specialising in grave relocation (Founded in 2003) Member and co-founder of Archaeology Africa cc, a company specialising in Heritage related studies (Heritage Impact Assessments, Archaeological Impact Assessments, Historic Studies) (Founded in 2000) Director of Helio Alliance (Pty) Ltd ( ) Member of Archaeo-Info cc ( ) Summary of relevant experience Project Manager on approximately 45 grave relocation projects including the MacWest Grave Relocation Project (629 graves) near Vereeniging and the Tavistock Grave Relocation Project (924 graves) near Witbank, Mpumalanga as a Director of Helio Alliance (Pty) Ltd ( ).

11 Project Manager for the Laingsburg mass grave investigation conducted by the University of Pretoria at the request of the Western Cape Premier (2003) Field Supervisor on the Nandoni Grave relocation Project, Thohoyandou, Limpopo Province (approximately 1000 graves) as a member of Archaeology Africa cc (contracted by the University of Pretoria)( ). Team member on a further 6 grave relocation projects. Co-Author of a Cultural Resources Management Plan for Marakele National Park. Co-Author of a Cultural Resources Management Plan for Augrabies National Park. Has been involved in approximately 75 Heritage related projects either as Project Manager or as a team member. Has been involved in numerous archaeological excavations in the Northern Cape, Limpopo and Gauteng Provinces since 1994.

12 APPENDIX B REGISTER OF GRAVES Grave No Name of deceased Date of death Relative name Relationship Dressing Description CH01 Unknown Unknown Unknown Unknown Rectangular cement dressing. No headstone CH02 Adriana Catharina White 27/06/1919 Gladys Wilken ( ) Granddaughter (GW), Rectangular cement dressing with inscribed terracotta and JH Brits ( ) Great grandson (JHB) headstone. Steel frame around grave CH03 Unknown (probably child) Unknown Unknown Unknown Rectangular brick dressing filled with soil. Grave of a child CH04 Unknown Unknown Unknown Unknown Small informal stone dressing. No headstone CH05 Unknown Unknown Unknown Unknown Small informal stone dressing. No headstone Informal rectangular stone dressing. Uninscribed CH06 Unknown Unknown Unknown Unknown upright stone for headstone CH07 Unknown Unknown Unknown Unknown Informal rectangular stone dressing. No headstone CH08 Unknown Unknown Unknown Unknown Informal rectangular stone dressing. No headstone CH09 Unknown Unknown Unknown Unknown Informal rectangular stone dressing. No headstone Informal rectangular stone dressing. Small flat stone CH10 Unknown Unknown Unknown Unknown for headstone Informal rectangular stone and brick dressing. No CH11 Unknown Unknown Unknown Unknown headstone CH12 Unknown Unknown Unknown Unknown Informal oval stone and brick dressing. No headstone CH13 Unknown Unknown Unknown Unknown Informal oval stone and brick dressing. No headstone Informal rectangular stone and brick dressing. No CH14 Unknown Unknown Unknown Unknown headstone CH15 Unknown Unknown Unknown Unknown Rectangular cement dressing. No headstone CH16 Unknown Unknown Unknown Unknown Rectangular cement and brick dressing. No headstone Very large cement dressing measuring 2.8m x 5.0m. Jantien van der Veen CH17 20/02/1872 Unknown Unknown Possibly more than one grave. Inscribed slate (Groenewoud) headstone Rectangular granite dressing filled with soil. Broken CH18 Unknown Unknown Unknown Unknown marble headstone with partial inscription CH19 Unknown Unknown Unknown Unknown Mound of earth with single stone on western side Hendrik Johannes Rectangular granite dressing filled with gravel. CH20 09/03/1934 Unknown Unknown Albertyn Inscribed sloping granite headstone CH21 Unknown Unknown Unknown Unknown Mound of earth with single small stone on western side Possible grave. Poorly defined irregular mound of soil CH22 Unknown Unknown Unknown Unknown and bricks. Rectangular cement dressing filled with gravel. Johannes Jacobus Wiese CH23 10/07/1929 Unknown Unknown Inscribed slate headstone set in a gable shaped cement Albertyn dressing

13 APPENDIX C COPIES OF SITE NOTICES (2007) KENNISGEWING: OPGRAWING EN HERBEGRAFNIS VAN MENSLIKE OORSKOT GELEë OP HIERDIE EIENDOM 2007/12/07 Kennis word hiermee gegee dat Professional Grave Solutions (Eiendoms) Beperk van voorneme is om in terme van Die verwydering van grafte en menslike oorskot Ordonansie (Ordonansie No. 7 van 1925); Die opgrawings Ordonansie (Ordonansie No. 12 of 1980); en Seksie 35 and 36 van die Nasionale Erfenis Hulpbronwet (Wet 25 of 1999), asook relevante plaaslike regulasies, by die Gauteng Provinsiale Regering, die Suid-Afrikaanse Nasionale Kultuurhulpbron Owerheid asook die Plaaslike Munisipaliteit vir toestemming aansoek te doen om die oorskot van individue wat geraak word deur die ontwikkeling van hierdie eiendom, op te grawe en te herbegrawe in n plaaslike begraafplaas. Alle persone en gemeenskappe wat afstammelinge is van die oorledene asook alle persone en gemeenskappe wat andersins belang het by die graf, word hiermee uitgenooi om deel te neem aan die verkuiwingsproses en moet hulle kontakbesonderhede stuur na die ondergenoemde adres. Alle besware teen die voorgestelde opgrawing en herbegrafnis proses kan ook na die oonderstaande adres gestuur word: Mnr. HS Steyn Professional Grave Solutions (Pty) Ltd Posbus Totiusdal 0134 Tel. no.: (012) Faks: (012) E-pos: henk-steyn@lantic.net binne 60 dae vanaf die datum op hierdie kennisgewing. NOTICE: EXHUMATION AND REINTERMENT OF INDIVIDUALS BURIED IN GRAVES SITUATED AT THIS LOCATION 2007/12/07 Notice is hereby given that Professional Grave Solutions (Pty) Ltd intend applying in terms of the Human Tissues Act (Act No.65 of 1983 and as amended); The Removal of Graves and Dead Bodies Ordinance (Ord. No. 7 of 1925); The Exhumations Ordinance (Ord. No. 12 of 1980); and Section 35 and 36 of the National Heritage Resources Act (Act 25 of 1999) as well as the relevant local regulations to the Gauteng Provincial Government, the South African Heritage Resources Agency (SAHRA) and the relevant Local Authorities for approval to exhume the remains of the individuals buried at this location for re-interment in a local cemetery. The graves will be adversely affected by the development of the property on which they are currently situated. All persons and communities descendant from the buried individuals as well as all persons and communities by tradition concerned with the graves are invited to partake in the process of relocation and must forward their contact particulars to the address listed below. Any objections to the proposed exhumation and reinterment of the individuals can also be submitted to: Mr. HS Steyn, PO Box 32542, Totiusdal, 0134 Tel. no.: Fax: henk-steyn@lantic.net within 60 days of the date on this notice.

14 Daily Sun & Beeld October 2012 APPENDIX D COPY OF NEWSPAPER NOTICES (2012)

15 APPENDIX E COPY OF LANDOWNER S PERMISSION (2008) AND MOTIVATION LETTER (2012)

16

17 APPENDIX F PERMISSION FROM MRS WILKEN (2012)

18 APPENDIX G SURVEY MAP OF DEVELOPMENT

19 APPENDIX H SAHRA APM PERMIT (2008)

20