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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 15 : Co-operation with other forces and forces visiting Republic

100. Inquests and removal of bodies of deceased members of visiting forces

 

1) Unless the Minister directs otherwise, no inquest may be held as to the cause of death of any deceased person who at the time of his or her death was a member of a visiting force or of a civilian component of such a force.

 

2) Whenever a magistrate holding an inquest is satisfied that a person who is subject to the jurisdiction of the military courts of a visiting force is being detained for the purposes of being charged, or has been charged before a court of that country, with an offence arising out of the death which is the subject of the inquest, he or she shall, unless the Minister directs otherwise, adjourn the inquest and furnish the Director-General: Home Affairs with such particulars necessary for the registration of the death as he or she may have ascertained at the inquest up to the time of its adjournment.

 

3)
a) No inquest which has been adjourned in terms of subsection (2), may be resumed unless the Minister so directs.
b) Where an inquest has resumed on the Minister's directions, the magistrate having jurisdiction must commence the proceedings afresh but may not furnish the Director-General: Home Affairs with any particulars or further particulars for the registration of the death.

 

4) Section 20 (3) of the Births and Deaths Registration Act, 1992 (Act 51 of 1992), does not apply in respect of any case where the body of a deceased person who at the time of his or her death was a member of a visiting force or of a civilian component of such a force, is to be buried or cremated at any place outside the Republic except as regards the burial or cremation of the body of a deceased person in relation to whose death an inquest has been held or resumed in pursuance of instructions given by the Minister under subsection (1) or (3).