National Health Act, 2003 (Act No. 61 of 2003)

Chapter 8 : Control of use of blood, blood products, tissue and gametes in humans

66. Post mortem examination of bodies

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(1)Subject to subsection (2), a post mortem examination of the body of a deceased person may be conducted if—
(a)the person, while alive, gave consent thereto;
(b)the spouse, partner, major child, parent, guardian, major brother or major sister of the deceased, in the specific order mentioned, gave consent thereto; or
(c)such an examination is necessary for determining the cause of death.

 

(2)A post mortem examination may not take place unless—
(a)the medical practitioner in charge of clinical services in the hospital or authorised institution or of the mortuary in question, or any other medical practitioner authorised by such practitioner, has authorised the post mortem examination in writing and in the prescribed manner; or
(b)in the case where there is no medical practitioner in charge of clinical services, a medical practitioner authorised by the person in charge of such hospital or authorised institution, has authorised the post mortem examination in writing and in the prescribed manner.