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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Death Registration
Zambia
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Zambia
Death Registration
Burial, ID and Related Services
Burial, ID and Related Services
Burial Permits and Disposal of Bodies
Does the law require that a burial permit be obtained to dispose of a body? If so, does the law require that death is reported to the civil registrar before a burial permit can be obtained?
Yes
Recommended Practice based on International Guidelines
A permit should be required to bury or cremate, or otherwise dispose of, a body. The law should require the reporting of death to the civil registrar before a permit to dispose of the body is issued, to incentivize death registrations. To enforce the requirement of death registration, funeral, burial and cremation services should be required to request proof of reporting of death or death certificate before proceeding with services.
The Births and Deaths Registration Act directs Registrars to provide a permit authorizing burial or other disposal of a body (Form XI) once they have received a notice of death accompanied by a medical certificate of the cause of death. Where it is “not practicable” to obtain this document prior to the burial or other disposal, the person responsible for the disposal of the body must notify the Registrar as soon as reasonably possible.
Cemeteries are not explicitly required to demand presentation of the disposal certificate, but Rule 39 of the Births and Deaths Registration (General) Rules requires anyone who effects the disposal of the body of a deceased person to complete a notification of disposal and deliver it to the Registrar immediately after the disposal of the body. In addition, in terms of Section 18(2) of the Births and Deaths Registration Act, the person in charge of a burial place must furnish returns containing particulars of each burial to the Registrar from time to time. In terms of the Public Health (Crematoria and Cremation) Regulations, cremations are allowed only after the death has been duly registered, evidenced by a certified copy of the relevant entry in the death register. Cremations also require a disposal permit as well as a medical certificate of cause of death.
Registration Linked to Access to Key Services and Other Incentives
Is proof of death registration required in order to access any public services or benefits?
No
Recommended Practice based on International Guidelines
Some countries incentivize higher death registration rates by tying them to key benefits like accessing pension of deceased spouse or permitting remarriage. Some countries offer cash incentives to register deaths.
Analysis of the legal instruments available to the reviewer did not identify any provisions relevant to this question.
Law Source
Retirement of Legal Identity
Does the law link retirment of a UPI and/or identity credential to death registration?
Yes
Recommended Practice based on International Guidelines
When a death is registered, the civil registration authority must transmit this information to the identity management authority so that the identity management authority may retire or deactivate the unique personal identifier and the identity credential of the deceased individual. This information should also be shared with the population register (if a population register is maintained).
The regulations to the National Registration Act require the surrender of the National Registration Card of a deceased person to the Registrar by anyone who has the card in his or her possession within 30 days of the death; the Registrar must forward the surrendered card to the Chief Registrar appointed under the National Registration Act for revocation. These regulations also state that a death certificate will be issued only after the Registrar has been provided with the deceased’s National Registration Card. In practice, the Ministry requires that the Notice of Death must be accompanied by the deceased’s National Registration Card or passport.
