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Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Notices

Guidance Note on Medico-Legal Investigations of Mine Deaths

Annexures

Annexure 3 : Confidentially of medico-legal post mortem findings and reports

 

1. Section 212 of the Criminal Procedures Act, 1977, provides for the handing in of reports on post mortem examinations in affidavit form in court. It is advisable that all such reports be in affidavit form since, especially in preparatory examination, these reports may be handed in without the authorised person having to appear in court.

 

2. If requested to do so by an officer of the State officially concerned in the investigation of the case or in presenting evidence of the case before a court, the authorised person may furnish him/her with a written statement which incorporates relevant medical opinions or comments upon the post mortem findings or the clinical or other evidence in the case. Preferably the case should be referred to a regional FPS consultant.

 

3. No copies of Form FPS 007 (the post mortem report) may therefore be divulged to any other person except to the SAPS and the Courts, after which official bodies, who may require this in terms of a stipulation of any Act, may obtain copies of the post mortem examination reports through the SAPS investigation officers or regional magistrates.

 

4. In all cases, persons may be referred to the relevant SAPS Investigating Officer, magistrate or Director of Public Prosecutions, who may issue a copy of the report. It is important to note that private attorneys, family members and insurance companies do not represent official bodies and must obtain a copy of the report via the SAPS Investigating Officer or the magistrate, even in cases of motor vehicle accidents. authorised person is requested to fill out forms for insurance purposes, cremation, etc. it is advisable to only certify on the forms supplied that a medico-legal post mortem examination has been performed, stating the reference number of the report and date of the examination, and that a copy of the report may be obtained from the relevant magistrate or to issue the relevant FPS Form. This information is always regarded to be confidential and such forms should be sealed appropriately.

 

5. In cases of notifiable conditions under the National Health Act of 2003 (Act No 61 of 2003), the relevant notification must be done.

 

6. No information (verbal or otherwise) regarding the investigation and outcomes of a case should be divulged by any person other than the authorised person, at his/her discretion, as per section 20(4) of the Inquests Act 58, 1959.

 

7. Any requests by the media for any information relating to cases, must be referred to the facility manager or authorised person, who must refer it to the Provincial Department of Health.