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


Regulations regarding the rendering of Forensic Pathology Service, 2007

Practitioners authorised to observe post mortem examination


21. Any person other than—
(a) the investigating officer investigating the cause of death; or
(b) an authorised person,

but who can demonstrate a material interest in the outcome of a particular post mortem examination, may apply to the magistrate within whose jurisdiction the cause of death is being investigated or to the authorised person, to allow his or her independent forensic pathologist, forensic medical officer or medical practitioner to attend on his or her behalf, and observe, that post mortem examination.


22. The consideration of the application referred to in regulation 21 must not unduly delay the post mortem examination.


23. Notwithstanding regulation 21, an authorised person may allow certain authorised officers of the designated facility where a post mortem examination is to be held, to assist him or her with such post mortem examination and perform certain functions connected therewith.


24. Where the authorised person has declined the request contemplated in regulation 21, written reasons must be forwarded to the person concerned within 72 hours of such request being declined.


25. Any person aggrieved by the decision of the authorised person may appeal to the Head of Department within 48 hours of being notified of the decision to decline the request contemplated in regulation 21.