South Africa
Inquests Act, 1959
Act 58 of 1959
- Published in Government Gazette 6253 on 3 July 1959
- Assented to on 27 June 1959
- Commenced on 1 January 1960 by Inquests Act, 1959: Commencement
- [This is the version of this document as it was from 27 April 1977 to 12 June 1979.]
- [Amended by General Law Amendment Act, 1974 (Act 29 of 1974) on 15 March 1974]
- [Amended by Inquests Amendment Act, 1977 (Act 46 of 1977) on 27 April 1977]
1. Definitions
In this Act, unless the context otherwise indicates—"magistrate" includes an additional magistrate and an assistant magistrate and, in relation to the area in the territory of South-West Africa beyond the Police Zone, as defined in section three of the Prohibited Areas Proclamation, 1928 (Proclamation No. 26 of 1928), of the said territory, a native commissioner, an assistant native commissioner and an officer in charge of native affairs; (ii)"Minister" means the Minister of Justice; (iii)"policeman" includes any member of a force established under any law for the carrying out of police powers, duties and functions; (iv)"public prosecutor" means a public prosecutor attached to the magistrate’s court of the district wherein an inquest is held or to be held under this Act; (v)"this Act" includes any regulation made thereunder. (i)2. Duty to report deaths
3. Investigation of circumstances of certain deaths
4. Report to public prosecutor
The policeman investigating the circumstances of the death or alleged death of any person shall submit a report thereon, together with all relevant statements, documents and information, to the public prosecutor, who may, if he deems it necessary, call for any additional information regarding the death.5. When inquest to be held
6. Magistrate who is to hold inquest
An inquest shall be held by the magistrate of the district in which the death is alleged to have occurred, or, where it is alleged that the death has occurred on board a ship or on board an aircraft in flight, by the magistrate of the district where the body has been brought ashore or has been removed from the aircraft, as the case may be, or in case of any doubt or dispute as to any such district or where the Minister or any person authorized thereto by him deems it expedient, by any magistrate designated by the Minister or person so authorized.[section 6 substituted by section 14 of Act 29 of 1974]7. Notice of inquest to be given
Except in cases where the spouse or a near adult relative of the alleged deceased person is being subpoenaed as a witness, the magistrate who is to hold an inquest shall cause reasonable notice thereof to be given to such spouse of relative, provided the spouse or relative is available and the giving of such notice will not, in the opinion of the magistrate, unduly delay the holding of the inquest.8. Witnesses and evidence at inquests
9. Assessors at inquests
10. When inquest to be held in public
Unless the giving of oral evidence is dispensed with under this Act, an inquest shall be held in public: Provided that the magistrate holding the inquest may in his discretion exclude from the place where the inquest is held any person whose presence thereat is, in his opinion, not necessary or desirable.11. Examination of witnesses
12. Adjournment of inquest, and continuation by different magistrate
13. Affidavits and interrogatories
14. Copies of records of inquiries
Upon production by any person, any document purporting to be a copy of the record of any inquiry referred to in sub-section (1) of section twenty-three and purporting to be certified as a true copy of such record by any person describing himself as the holder of a public office, shall at the discretion of the magistrate holding an inquest in respect of the death which was the subject of such inquiry, be admissible in evidence at the inquest.15. Taking evidence on commission
16. Finding
17. Submission of record to attorney-general
18. Certain findings on review equivalent to orders that death should be presumed
19. Inquest records
20. Offences in connection with inquests
21. Inquest not to prevent institution of criminal proceedings
22. Regulations
The Minister may make regulations prescribing forms to be used for the purposes of this Act and generally for the better carrying out of the objects and purposes of this Act.23. Savings
24. Repeal of laws
The Fire Inquests Act, 1883 (Act No. 33 of 1883), of the Cape of Good Hope, the Fire Inquests Law, 1884 (Law No. 5 of 1884), of Natal, the Inquests Proclamation, 1920 (Proclamation No. 9 of 1920), of the territory of South-West Africa, the Inquests Amendment Proclamation, 1940 (Proclamation No. 32 of 1940), of the said territory and the Inquests Act, 1919 (Act No. 12 of 1919), are hereby repealed: Provided that the said laws shall continue to apply in respect of any inquest or fire inquest, as the case may be, which at the commencement of this Act has already commenced thereunder or for the holding of which any steps have already been taken thereunder at the commencement of this Act.25. Application of Act to South-West Africa
This Act shall apply also in the territory of South-West Africa, including the area known as the Eastern Caprivi Zipfel and described in the Eastern Caprivi Zipfel Administration Proclamation, 1939 (Governor-General’s Proclamation No. 147 of 1939), and in relation to all persons in the portion of the said territory known as the "Rehoboth Gebiet" and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory.26. Short title and date of commencement
This Act shall be called the Inquests Act, 1959, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.History of this document
01 January 1998 amendment not yet applied
01 April 1997 amendment not yet applied
Amended by
Justice Laws Rationalisation Act, 1996
01 March 1993 amendment not yet applied
Amended by
Inquests Amendment Act, 1991
06 November 1992 amendment not yet applied
Amended by
Inquests Amendment Act, 1992
03 February 1992 amendment not yet applied
Amended by
Inquests Amendment Act, 1991
01 August 1990 amendment not yet applied
Amended by
Inquests Amendment Act, 1990
01 February 1982 amendment not yet applied
Amended by
Inquests Amendment Act, 1983
13 June 1979 amendment not yet applied
Amended by
Inquests Amendment Act, 1979
27 April 1977 this version
Amended by
Inquests Amendment Act, 1977
15 March 1974
Amended by
General Law Amendment Act, 1974
Read this version
01 January 1960
Commenced by
Inquests Act, 1959: Commencement
03 July 1959
27 June 1959
Assented to
Documents citing this one 120
Gazette 102
- Eastern Cape Provincial Gazette dated 2006-11-27 number 1629
- Gauteng Provincial Gazette dated 2005-02-09 number 43
- Gauteng Provincial Gazette dated 2006-02-28 number 65
- Gauteng Provincial Gazette dated 2007-01-11 number 4
- Gauteng Provincial Gazette dated 2015-09-15 number 408
- Gauteng Provincial Gazette dated 2018-05-02 number 123
- KwaZulu-Natal Provincial Gazette dated 2005-12-01 number 6446
- KwaZulu-Natal Provincial Gazette dated 2012-03-30 number 726
- KwaZulu-Natal Provincial Gazette dated 2015-11-05 number 1541
- KwaZulu-Natal Provincial Gazette dated 2016-02-09 number 1602
- KwaZulu-Natal Provincial Gazette dated 2017-11-23 number 1903
- KwaZulu-Natal Provincial Gazette dated 2021-09-30 number 2326
- Limpopo Provincial Gazette dated 2008-03-26 number 1461
- Limpopo Provincial Gazette dated 2012-08-20 number 2113
- Limpopo Provincial Gazette dated 2013-04-12 number 2190
- Limpopo Provincial Gazette dated 2015-06-08 number 2517
- Limpopo Provincial Gazette dated 2015-06-17 number 2527
- Limpopo Provincial Gazette dated 2017-11-10 number 2863
- Limpopo Provincial Gazette dated 2018-05-25 number 2908
- Mpumalanga Provincial Gazette dated 2008-02-27 number 1510
- Mpumalanga Provincial Gazette dated 2014-05-29 number 2307
- Mpumalanga Provincial Gazette dated 2016-06-10 number 2701
- Mpumalanga Provincial Gazette dated 2017-12-15 number 2883
- Mpumalanga Provincial Gazette dated 2018-03-09 number 2906
- North-West Provincial Gazette dated 2014-12-23 number 7385
- North-West Provincial Gazette dated 2015-08-03 number 7511
- South Africa Government Gazette Legal Notices B dated 2019-07-12 number 42575
- South Africa Government Gazette Regulation Gazette dated 1962-11-30 number 385
- South Africa Government Gazette Regulation Gazette dated 1964-07-31 number 863
- South Africa Government Gazette Regulation Gazette dated 1973-03-30 number 3826
- South Africa Government Gazette Regulation Gazette dated 1977-11-25 number 5815
- South Africa Government Gazette Regulation Gazette dated 1994-03-11 number 15569
- South Africa Government Gazette Regulation Gazette dated 1999-08-13 number 20350
- South Africa Government Gazette Regulation Gazette dated 2005-04-15 number 27464
- South Africa Government Gazette Regulation Gazette dated 2010-10-22 number 33655
- South Africa Government Gazette Regulation Gazette dated 2014-02-26 number 37373
- South Africa Government Gazette Regulation Gazette dated 2018-03-23 number 41524
- South Africa Government Gazette dated 1964-05-29 number 807
- South Africa Government Gazette dated 1973-06-20 number 3936
- South Africa Government Gazette dated 1974-10-16 number 4445
- South Africa Government Gazette dated 1977-04-27 number 5521
- South Africa Government Gazette dated 1981-08-14 number 7722
- South Africa Government Gazette dated 1985-06-21 number 55
- South Africa Government Gazette dated 1991-03-28 number 13113
- South Africa Government Gazette dated 1991-05-22 number 13253
- South Africa Government Gazette dated 1992-03-13 number 13833
- South Africa Government Gazette dated 1992-05-06 number 13953
- South Africa Government Gazette dated 1996-11-20 number 17587
- South Africa Government Gazette dated 1998-11-27 number 19522
- South Africa Government Gazette dated 1998-11-27 number 19523
- South Africa Government Gazette dated 2003-10-10 number 25554
- South Africa Government Gazette dated 2004-07-23 number 26595
- South Africa Government Gazette dated 2008-04-21 number 30980
- South Africa Government Gazette dated 2009-07-24 number 32433
- South Africa Government Gazette dated 2011-09-20 number 34622
- South Africa Government Gazette dated 2012-05-15 number 35346
- South Africa Government Gazette dated 2013-04-12 number 36369
- South Africa Government Gazette dated 2013-10-04 number 36895
- South Africa Government Gazette dated 2014-02-20 number 37353
- South Africa Government Gazette dated 2015-03-30 number 38622
- South Africa Government Gazette dated 2016-10-04 number 40326
- South Africa Government Gazette dated 2018-07-19 number 41783
- South Africa Government Gazette dated 2018-10-12 number 41970 part 1
- South Africa Government Gazette dated 2019-05-10 number 42451 part 1
- South Africa Government Gazette dated 2022-04-06 number 46205
- Transvaal Provincial Gazette dated 1962-03-07 number 2955
- Transvaal Provincial Gazette dated 1967-08-30 number 3288
- Transvaal Provincial Gazette dated 1976-01-28 number 3799
- Transvaal Provincial Gazette dated 1980-04-02 number 4075
- Transvaal Provincial Gazette dated 1980-06-04 number 4086
- Transvaal Provincial Gazette dated 1980-09-24 number 4105
- Transvaal Provincial Gazette dated 1982-03-10 number 4194
- Transvaal Provincial Gazette dated 1982-06-02 number 4208
- Transvaal Provincial Gazette dated 1983-02-02 number 4245
- Transvaal Provincial Gazette dated 1983-12-07 number 4296
- Transvaal Provincial Gazette dated 1984-08-15 number 4339
- Transvaal Provincial Gazette dated 1985-01-30 number 4365
- Transvaal Provincial Gazette dated 1985-06-26 number 4389
- Transvaal Provincial Gazette dated 1987-01-28 number 4484
- Transvaal Provincial Gazette dated 1987-08-05 number 4517
- Transvaal Provincial Gazette dated 1988-04-20 number 4559
- Transvaal Provincial Gazette dated 1989-05-10 number 4621
- Transvaal Provincial Gazette dated 1989-07-26 number 4632
- Transvaal Provincial Gazette dated 1989-08-23 number 4636
- Transvaal Provincial Gazette dated 1991-03-13 number 4747
- Transvaal Provincial Gazette dated 1992-06-17 number 4838
- Transvaal Provincial Gazette dated 1992-12-09 number 4874
- Transvaal Provincial Gazette dated 1993-06-30 number 4919
- Western Cape Provincial Gazette dated 2008-02-29 number 6506
- Western Cape Provincial Gazette dated 2008-09-09 number 6543
- Western Cape Provincial Gazette dated 2008-10-17 number 6566
- Western Cape Provincial Gazette dated 2008-12-19 number 6588
- Western Cape Provincial Gazette dated 2009-05-29 number 6631
- Western Cape Provincial Gazette dated 2009-06-12 number 6636
- Western Cape Provincial Gazette dated 2009-11-09 number 6675
- Western Cape Provincial Gazette dated 2010-02-15 number 6696
- Western Cape Provincial Gazette dated 2010-11-30 number 6816
- Western Cape Provincial Gazette dated 2012-12-24 number 7077
- Western Cape Provincial Gazette dated 2015-09-11 number 7487
- Western Cape Provincial Gazette dated 2018-04-09 number 7912
- Western Cape Provincial Gazette dated 2022-11-11 number 8679
- Western Cape Provincial Gazette dated 2023-07-14 number 8794
Guide 2
Judgment 9
- Hirt & Carter (Pty) Ltd v IT Arntsen NO and Others (277 of 2020) [2021] ZASCA 85 (18 June 2021)
- Marais NO v Tiley (377/1988) [1990] ZASCA 40 (30 March 1990)
- Multilateral Motor Vehicle Accidents Fund v Radebe (621/1993) [1995] ZASCA 80 (24 August 1995)
- National Director of Public Prosecutions and Others v Freedom Under Law (67/2014) [2014] ZASCA 58 (17 April 2014)
- Re-opened Inquest into the Death of Dr Hoosen Mia Haffejee (Inquest 01/2021) [2023] ZAKZPHC 97 (13 September 2023)
- Road Accident Fund v Mtati (332/2004) [2005] ZASCA 65 (1 June 2005)
- Van Heerden and Another v Joubert NO and Others (577/1992) [1994] ZASCA 101 (19 August 1994)
- Voice of Unborn Baby NPC and Another v Minister of Home Affairs and Another [2022] ZACC 20 (15 June 2022)
- Zanner v Director of Public Prosecutions, Johannesburg (107/2005) [2006] ZASCA 56 (3 April 2006)