Inquests Act, 1959 (Act No. 58 of 1959)

9. Assessors at inquests
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(1)A judge may of his own accord, and a regional magistrate or a magistrate may with the approval of the Minister or any person acting under the authority of the Minister, summon to his assistance any person who has, or any two persons who have, in his opinion, experience in the administration of justice or skill in any matter which may have to be considered at an inquest, to sit with him at an inquest as assessor or assessors.

 

(2)Before the commencement of an inquest, an assessor shall take an oath or make an affirmation, which shall be administered by the judicial officer, that he will, on the evidence placed before him, make a true finding in terms of section 16.

 

(3)Where a judicial officer has under subsection (1) summoned an assessor or assessors to his assistance—
(a)the judicial officer alone shall decide any question of law, or whether any matter constitutes a question of law or a question of fact, and he may for this purpose sit alone;
(b)the decision of the majority on the facts shall be the decisive finding, except when the judicial officer sits with only one assessor, in which case the decision of the judicial officer shall, in the event of a difference of opinion, be the decisive finding:

Provided that, if an assessor dies or is for any reason unable to act as assessor at any time during an inquest, the judicial officer may—

(i)direct that the inquest proceed without the said assessor; or
(ii)summon any person to his assistance in the place of the said assessor, in which case the judicial officer may cause any person who has already given evidence at the inquest to be subpoenaed to give evidence as if he had not previously so given evidence.

[Section 9(3) substituted by section 4 of Act No. 8 of 1991]

 

(4)If any such assessor is not a person in the full-time employment of the State, he shall be entitled to such compensation in respect of expenses incurred by him in connection with his attendance at the inquest, and in respect of his services as assessor, as he would be entitled to receive if he were an assessor acting at a criminal trial.

 

[Section 9 substituted by section 9 of Act No. 45 of 1990]