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Inquests Act, 1959 (Act No. 58 of 1959)

17. Submission of record to attorney-general

 

(1) Upon the determination of an inquest the judicial officer who held the inquest shall—
(a) if he has in terms of section 16(3) recorded the fact that he is unable to record any finding mentioned in section 16(2);
(b) if he has in terms of section 16(2)(d) recorded a finding upon the inquest that the death was brought about by any act or omission prima facie involving or amounting to an offence on the part of any person; or

[Section 17(1)(b) substituted by section 8(a) of Act No. 8 of 1991]

(c) if requested to do so by the attorney-general within whose area of jurisdiction the inquest was held,

cause the record of the proceedings to be submitted to such attorney-general.

 

(2) If the attorney-general at any time after the receipt of the record so requests, the judicial officer shall re-open the inquest and take further evidence generally or in respect of any particular matter or cause an examination or further examination of a dead body or of any part, internal organ or any of the contents thereof to be made and, if necessary, cause such body to be disinterred for the purpose of the examination, and the provisions of section 3(3) shall apply to such examination.

 

(3)

(a) The provisions of section 16 shall mutatis mutandis apply in respect of any inquest re-opened in terms of subsection (2).
(b) The judicial officer who held such inquest shall cause the record of the proceedings to be submitted to the attorney-general concerned.

[Section 17(3) inserted by section 8(b) of Act No. 8 of 1991]

 

[Section 17 substituted by section 17 of Act No. 45 of 1990]