Inquests Act, 1959 (Act No. 58 of 1959)5. When inquest to be held |
| (1) | If criminal proceedings are not instituted in connection with the death, or alleged death, the public prosecutor referred to in section 4 shall submit those statements, documents and information submitted to him to the magistrate of the district concerned. |
| (2) | If on the information submitted to him in terms of subsection (1) it appears to the magistrate that a death has occurred and that such death was not due to natural causes, he shall, subject to the directions of the Minister, take such steps as may be necessary to ensure that an inquest as to the circumstances and cause of the death is held by a judicial officer in terms of section 6: Provided that no inquest in respect of which it is alleged that either the death or the incident has occurred outside the Republic shall be held unless the Minister, or any person authorized thereto by him, so directs. |
[Section 5(2) substituted by section 2 of Act No. 8 of 1991]
| (3) | If an inquest has to be held by a judicial officer other than the magistrate to whom the statements, documents and information concerned were submitted such magistrate shall transmit them to the judicial officer who is to hold such inquest as to the circumstances and cause of the death. |
[Section 5 substituted by section 4 of Act No. 45 of 1990]