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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

4. Definitions

 

4.1 "Autopsy" means the post mortem dissection of a body so as to determine the cause of death and the nature of injuries or diseases which may be present.

 

4.2 "Designated facility" means a medico-legal mortuary or laboratory especially designed for the medico-legal death investigation process under the auspices of the department of Forensic Pathology Services.

 

4.3 "Forensic Pathology Officer" means a person appointed by the department to provide a medico-legal investigation of death service within their scope of practice.

 

4.4 "Investigating Officer" means a member of the South African Police Service appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995) or an employee of the Independent Police Investigative Directorate appointed in terms of the Independent Police Investigative Directorate Act, 2011 (Act  No. 1 of 2011), designated as an Investigating Officer to investigate the cause and circumstance of death of a particular person.

 

4.5 "Medical practitioner" means a person registered as a medical practitioner in terms of the Health Professions Act, 1974(Act No. 56 of 1974).

 

4.6 "Medico-legal investigation of death" means the investigation  into  the circumstances, manner and possible causes of death which are or may have been due to unnatural causes as defined.

 

4.7 "Medical Inspectorate" means the Medical Inspector and mine inspectors for occupational medicine.

 

4.8 "Natural death" means deaths that are due entirely to natural diseases, and are not precipitated by any other event.

 

4.9 "Post mortem examination" means an examination of a body, with the purpose of establishing the cause and circumstance of death and factors associated with the death, and in the context of these regulations, for medico-legal purposes.

 

4.10 "South African Police Service" means the police service established in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995).

 

4.11 "Unnatural death" for the purposes of the medico-legal investigation of death, the following shall be deemed to be deaths due to unnatural causes:
(a) any death due to physical or chemical influence, direct or indirect, or related complications;
(b) any death, including those deaths which would normally be considered to be a death due to natural causes, which may have been the result of an act, or omission of act, which may be criminal in nature;
(c) any death as contemplated in Section 48 of Health Professions Amendment Act 29 of 2007 . The death of a person undergoing, or as a result of, a procedure of a therapeutic, diagnostic or palliative nature, or of which any aspect of such a procedure has been a contributory cause, shall not be deemed to be a death from natural causes as contemplated in the Inquest Act, 1959 (Act No. 58 of 1959), or the Births, Marriages and Deaths Registration Act, [1963 (Act No. 81 of 1963)] 1992 (Act No. 51 of 1992); and
(d) where the death is sudden and unexpected, or unexplained, or where the cause of death is not apparent;