Older Persons Act, 2006
R 385
Inquests Act, 1959 (Act No. 58 of 1959)3. Investigation of circumstances of certain deaths |
| (1) | Subject to the provisions of any other law providing for an investigation of the circumstances of any death, any policeman who has reason to believe that any person has died and that such person has died from other than natural causes, shall— |
| (a) | investigate or cause to be investigated the circumstances of the death or alleged death; and |
| (b) | report or cause to be reported the death or alleged death to the magistrate of the district concerned, or to a person designated by that magistrate. |
[Section 3(1) substituted by section 1(a) of Act No. 8 of 1991]
| (2) | If the body of a person who has allegedly died from other than natural causes is available, it shall be examined by the district surgeon or any other medical practitioner, who may, if he deems it necessary for the purpose of ascertaining with greater certainty the cause of death, make or cause to be made an examination of any internal organ or any part or any of the contents of the body, or of any other substance or thing. |
[Section 3(2) substituted by section 1(b) of Act No. 8 of 1991]
| (3) | For the purposes of any examination mentioned in subsection (2)— |
| (a) | any part or internal organ or any of the contents of a body may be removed therefrom; |
| (b) | a body or any part, internal organ or any of the contents of a body so removed therefrom may be removed to any place. |
| (4) | A body which has already been interred may, with the written permission of the magistrate or the attorney-general within whose area of jurisdiction it has been interred, be disinterred for the purpose of any examination mentioned in subsection (2). |
| (5) | At any examination conducted by a medical practitioner in terms of subsection (2), no person other than— |
| (a) | a policeman; or |
| (b) | any other medical practitioner nominated by any person who satisfies the magistrate within whose area of jurisdiction such examination takes place, that he has a substantial and peculiar interest in the issue of the examination, |
shall be present without the consent of such magistrate or the medical practitioner conducting the examination.
| (6) | Any person who contravenes the provisions of subsection (5), or who hinders or obstructs a medical practitioner, a policeman or any person acting on the instructions of a medical practitioner or policeman in carrying out his powers or duties under this section, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine. |
[Section 3(6) substituted by section 3 of Act No. 45 of 1990]
