| 10.1 | Performance of medico-legal post mortem examinations |
A post mortem examination must only be conducted at a designated facility or at an institution to which the Service has referred the body.
| 10.1.1 | Practitioners authorised to conduct or assist with post mortem examination |
| (a) | A post mortem examination must only be performed by an authorised medical practitioner who has been appointed in the Service for such purposes. |
| (b) | Assistance at a post mortem examination may only be rendered by authorised forensic pathology officers who have been appointed in the Service such purposes, within their scope of practice. |
| (c) | An authorised medical practitioner may consult with other qualified professionals and request such professionals to participate in the post mortem examination and contribute to the further examination of such a body. |
| (d) | A student or trainee personnel in the Service may participate in a post mortem examination, but only under the direct guidance and supervision of an authorised person. |
| (e) | A forensic pathology officer may remove a specimen or exhibit from the deceased under the instruction and supervision of an authorised medical practitioner . |
| (f) | Where necessary, an authorised medical practitioner may authorise the removal of a fluid or tissue specimen by a forensic pathology officer or by a member of the SAPS Victim Identification Centre, prior to such removal. |
| (g) | During the performance of post mortem examinations, the forensic pathology officer may perform eviscerations and organ removals under the supervision of an authorised medical practitioner and assist him or her with such post mortem examination and perform certain functions connected therewith, as contained within their scope of practice and job descriptions. |
| 10.2 | Performance of medico-legal post mortem examinations |
In the medico-legal investigation of unnatural and/or uncertain deaths , medico-legal post mortem examinations should only be carried out by FPS pathologist/forensic practitioners who have been appointed by the province for this purpose and who work in association with the police in a given area or region.
| 10.3 | Who may be present at medico-legal examinations? |
In terms of Section 3(5) of the Inquest Act , the only persons who may be present at a medico-legal examination are:
| (b) | Any other medical practitioner nominated by any person who has satisfied the magistrate, within whose area of jurisdiction such examination takes place, that he/she has a substantial and peculiar interest in the matter of the examination . |
| (c) | Any other medical practitioner nominated by the state appointed FPS pathologist/forensic practitioner conducting the examination. |
| (d) | The state appointed pathologist/forensic practitioner conducting the examination . |
| 10.4 | The completion of reports on Medico-Legal post mortem examinations |
(Form FPS 007)
(Chapter 6 of National Code of Guidelines of Forensic Pathologists in South Africa)
| (a) | The completed form or report must be handed to the SAPS Investigating Officer investigating the circumstances of death. |
| (b) | Reports must be as detailed as possible in legible handwriting, but preferably typewritten on a word processor using the form FPS 007 as a template. |
| (c) | It is desirable that photographs of the body are taken of all the injuries present at the time of the post mortem examination. |
| (d) | The appointed state FPS pathologist/forensic practitioner should complete form GW7/15 in all cases, regardless of whether the death was due to natural or unnatural causes, and hand the reports to the SAPS Investigating Officers. |
| (e) | No copies of form GW7/15 or any information concerning the post mortem examination may be divulged to any person except to Government Officials which may require this for the purposes of: |
| (i) | The Inquest Act , 1959 (Act No 58 of 1959) |
| (ii) | The Mine Health and Safety Act, 1996 (Act no 29 of 1996) |
| (iii) | The Occupational Health and Safety Act of 1993 (Act 85 of 1993) |
| (iv) | Occupational Disease in Mines and Works Act of 1973 (Act No 78 of 1973) |
| (v) | The Compulsory Motor Vehicle Insurance Act of 1972 (Act No 56 of 1973) |
| (vi) | The Prisons Act, 1959 (Act No 8 of 1959) |
| (vii) | The Aviation Act, 1962 (Act No 74 of 1962) |
| (viii) | The Criminal Procedure Act, 1977 (Act no 51 of 1977) |
(ix) The Surgeon-general Act of South Africa Defence Force
| (a) | In all other cases, persons requiring information must be referred to the SAPS Investigating Officer or magistrate who may issue a copy of the report. Note that attorneys are not Government Officials and must obtain a copy via the magistrate |
NOTE:
More details on the confidentiality of medico-legal reports are in Annexure 3
|
| 10.5 | Occupational Diseases in Mines and Works Act requirements |
| (a) | The removal of the cardio-respiratory organs of persons who fall under the Occupational Diseases in Mines and Works (ODMWA) Act No. 78 of 1973, is not a medico-legal function, and where the removal of these organs is required in terms of the Act, such removal must not interfere with the post-mortem investigations (if required). |
| (b) | The cardio-respiratory organs must be removed, with the consent of the family , and forwarded to the NIOH. The results of the NIOH autopsy examination must be sent to the Medical Bureau of Occupational Diseases (MBOD) for certification and possible compensation in the event that occupational disease is diagnosed. This applies to all mineworkers including contractor employees. |
