Defence Act, 1957 (Act No. 44 of 1957)

Chapter XII : Visiting and Other Forces

135. Inquests on and removal of bodies of deceased members of visiting forces
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(1)Notwithstanding anything to the contrary in any law, no inquest shall, unless the Minister otherwise directs, be held as to the cause of death of any deceased person who at the time of his death was a member of a visiting force or of a civilian component of such a force.

 

(2)Whenever a magistrate holding an inquest is satisfied that a person subject to the jurisdiction of the military courts of any other country is being detained for the purpose of being charged or has been charged before a court of that country with an offence arising out of the death which is the subject of the inquest, he shall, unless the Minister otherwise directs, adjourn the inquest and furnish the assistant registrar of births and deaths with such particulars necessary for the registration of the death as he may have ascertained at the inquest up to the time of its adjournment.

 

(3)No inquest which has been adjourned in terms of subsection (2), shall be resumed unless the Minister so directs: Provided that where an inquest is resumed on the Minister's directions, the magistrate having jurisdiction shall commence the proceedings de novo but shall not furnish the assistant registrar of births and deaths with any particulars or further particulars for the registration of the death.

 

(4)Section 29 of the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963), shall not apply in respect of any case where the body of a deceased person who at the time of his death was a member of a visiting force or of a civilian component of such a force, is to be buried at any place outside the Republic except as regards the burial of the body of a deceased person in relation to whose death an inquest has been held or resumed in pursuance of instructions given by the Minister under subsection (1) or (3).

[Subsection (4) amended by section 36 of Act No. 132 of 1992]