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 132
Gazette 109
Judgment 12
Act 6
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