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LLB CPR3701 TOPIC SEVENTEEN: INQUESTS
- Course
- LLB CPR3701
- Institution
- University Of South Africa (Unisa)
LLB CPR3701 TOPIC SEVENTEEN: INQUESTS
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By: brieatt • 2 year ago
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TOPIC SEVENTEEN: INQUESTSNature of an Inquest
The Inquests Act 58 of 1959 governs virtually everything regarding inquests
According to Marais v Tiley, an inquest is “an official investigation into a death occurring
otherwise than from natural causes, which has not been the subject of a criminal
prosecution”
Therefore there are three prerequisites for an inquest:
o A death
o Occurring otherwise than from natural causes
o Not the subject of a criminal prosecution
Purpose of an Inquest
According to Marais v Tiley, the “underlying purpose of an inquest is to promote public
confidence and satisfaction; to reassure the public that all deaths from unnatural causes
will receive proper attention and investigation so that, where necessary, appropriate
measures can be taken to prevent similar occurrences, and so that persons responsible for
m
such deaths may, as far as possible, be brought to justice”
er as
co
Timol v Magistrate, Johannesburg
eH w
In terms of s5 of the Inquests Act it is not irregular for the prosecutor to make his decision not to
prosecute before he has received all the documents from the police if he considers the information at
o.
his disposal to be sufficient to enable him to take the decision
rs e
Similarly, it cannot be said that the magistrate acts irregularly if he decides to hold an inquest before
ou urc
he has received all the documents from the prosecutor in similar circumstances
However, it is the duty of the prosecutor to submit all the documents given to him by the police to the
magistrate
It is in the discretion of the magistrate whether he allows interested parties or their representatives to
o
have a copy or to peruse a document, and it will be in his discretion whether it is to be allowed in
respect of all the documents or only in respect of some of them, and as to when this is to be done, or in
aC s
what circumstances or subject to what conditions the perusal is to take place or the copies are to be
vi y re
delivered
A refusal on the grounds that a criminal prosecution might follow would not be a good ground in all
cases, because the inquest is an independent enquiry, divorced from any steps the Attorney-General
might at the time or later take. He can only exercise this discretion if he is acquainted with the contents
of all the documents
ed d
ar stu
is
An unnatural death is Papers are sent to the The record of the
Th
How the Process
reported Commences
to the police magistrate inquest is sent to the
DPP
PRELIMINARY STAGE IfINQUEST
the magistrate
STAGE POST-INQUEST STAGE
decides that the cause The DPP can decide not
The police investigate was unnatural, an to prosecute, to reopen
sh
the report inquest is instituted the investigation or to
prosecute
Thereafter:
The police report to the
prosecutor and the
prosecutor decides
whether or not to
prosecute
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Prosecution
https://www.coursehero.com/file/80213530/17-Inquestsdoc/
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