Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Notices

Guidance Note on Medico-Legal Investigations of Mine Deaths

Part A : The Guidance Note

8. Relevant Acts and Other Statutory Provisions
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The Guidance Note should be read in conjunction with the following legislations that govern how deaths should be handled in South Africa.

 

It is important that the following legislations, regulating the performance of post mortem examinations, are known and understood:

 

ACT

PARTICULARS OF THE ACT

1

Mine Health and Safety Act No. 29 of 1996, as amended
•Provides for the employer notifying the Principal Inspector of any accident or occurrence that results in death [section 11(5B)(c)].
•Provides for no disturbance to the site where death or injury occurred [section 11(8)].
•Initiation of investigations and injuries in case of death of a person on a mine [section 60(1) and 65].
•Allows for other legislation regulating the holding of an inquest or other inquiry into a death [section 65(4)].
•Section 64(1) and 72 state the requirement for the written report of recommendations and remedial action following from investigation and inquiry.

2

Occupational Disease in Mines and Works Act No. 78 of 1973, as amended
•Provides that  if employees who worked in mines or works die, their cardio-respiratory organs must be sent to the NIOH.
•Permission from the family to remove such organs is needed in the case of natural death.
•If the post mortem is being done under the provision of another Act (for example the Inquest Act,) the cardio-respiratory organs may be removed and forwarded to the NIOH.

3

Inquest Act No. 58 of 1959
•Provides for the duty to report any death due to causes other than natural [section 2(1)].
•Provides the procedure which must be followed in cases of unnatural deaths [section 3].
•The body may be exhumed if already buried [section 4].
•Consent of the relatives for autopsy is not required.
•An inquest into the cause of death.

4

The Regulations Regarding the Rendering of Forensic Pathology Service (GN R636, GG 30075) of the National Health Act 61 of 2003
•A post mortem examination may be done to determine the cause of death in cases of suspected contagious diseases.
•Provides for removal and transportation of bodies, medico-legal post-mortem examination; practitioners authorised to observe post-mortem.
•Provides for medico-legal investigation of specific categories of unnatural deaths [section 36(1)(3)].

5

Health Professions Amendment Act No. 29 of 2007.
•Provides that deaths under the influences of or contributed to by an anaesthetic are unnatural [section 48].

6

Births and Deaths Registration Act No. 51 of 1992
•Defines conditions under which a medical practitioner may or may not issue a death certificate for natural causes [sections 14, 15, 16 and 17].

7

Criminal Procedures Act No. 51, 1977, as amended
•Provides for an officer of the State officially concerned in the investigation of the case receiving, from the authorised person, a written statement which incorporates relevant medical opinions or comments upon the post mortem findings or the clinical or other evidence in the case.

8

National Health Act chapter 8
•Provides the control of use of blood, blood products, tissue and gametes in humans.

9

Section 64 of the MHSA
•Reports on investigations.

10

Section 72 of the MHSA
•Inquiry records and reports.