Inquests Act, 1959 (Act No. 58 of 1959)18. Certain findings on review equivalent to orders that death should be presumed |
| (1) | Whenever a regional magistrate or magistrate has in the case of an inquest referred to in subsection (1) of section 16 recorded a finding in regard to the matters mentioned in that subsection and in paragraphs (a) and (c) of subsection (2) of that section, such regional magistrate or magistrate shall submit the record of such inquest, together with any comment which he may wish to make, to any provincial or local division of the Supreme Court of South Africa having jurisdiction in the area wherein the inquest was held, for review by the court or a judge thereof. |
[Section 18(1) substituted by section 18(a) of Act No. 45 of 1990]
| (2) | Such finding, if confirmed on such review, or, if corrected on review, as so corrected, shall have the same effect as if it were an order granted by such court or such judge that the death of the deceased person concerned should be presumed in accordance with such finding. |
| (2A) | Whenever a judicial officer who is a judge of the Supreme Court of South Africa has in the case of an inquest referred to in section 16(1) recorded a finding in regard to the matters mentioned in that subsection and in section 16(2)(a) and (c) , such finding shall have the same effect as if it were an order issued by a provincial or local division of the Supreme Court of South Africa having jurisdiction in the area wherein the inquest was held, that the death of the deceased concerned is presumed in accordance with that finding. |
[Section 18(2A) inserted by section 18(b) of Act No. 45 of 1990]
| (3) | Nothing in this Act contained shall affect the right of any person to apply to any competent court for an order that the death of any person should be presumed, or the right of any competent court or any judge thereof to grant any such order. |