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Burial Society Constitution

R449

Create a constitution for a burial society that records membership, contributions, benefits, claims, committee powers, meetings, banking, disputes, discipline, and winding-up rules.

A Burial Society Constitution is used by a community group that collects contributions from members to provide funeral or burial support when a member or covered family member dies. It should regulate membership, contributions, benefits, claims, committee duties, banking, meetings, record keeping, disputes, and dissolution.

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South African legal context (2026 checklist)

The constitution should be clear about whether the society is an informal voluntary association, an NPO, or another regulated structure. It should avoid promising insurance-style benefits unless the society complies with applicable financial-services laws. Good governance, transparent accounting, and clear claim rules reduce disputes.

  • South African common law of voluntary associations
  • Nonprofit Organisations Act 71 of 1997, where NPO registration is sought
  • Financial Advisory and Intermediary Services Act 37 of 2002, where regulated financial services are involved
  • Insurance Act 18 of 2017 and related financial-sector laws, where insurance products are offered
  • Financial Intelligence Centre Act 38 of 2001, where applicable
  • Protection of Personal Information Act 4 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the name of the burial society?
What is the name of the burial society?
Who may become a member?
Who may become a member?
What joining fee and monthly contribution must members pay?
What joining fee and monthly contribution must members pay?
What funeral or burial benefit will be provided?
What funeral or burial benefit will be provided?
Which family members are covered?
Which family members are covered?
What documents are required when claiming?
What documents are required when claiming?
Who will serve on the committee?
Who will serve on the committee?
How will funds be banked and authorised?
How will funds be banked and authorised?
What happens if a member defaults?
What happens if a member defaults?
How will disputes or misconduct be handled?
How will disputes or misconduct be handled?

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