Harding's Inquest (162/2011), In Re [2011] ZAGPJHC 97 (26 August 2011)

Harding's Inquest (162/2011), In Re [2011] ZAGPJHC 97 (26 August 2011)

The High Court held that section 16(2)(c) of the Inquests Act does not require the magistrate to record the exact day of death if it cannot be determined from the evidence. It is sufficient and proper to record an approximate date or range when the evidence supports only such a finding. In this case, the evidence established that the deceased died either on 25 or 26 October 2007, and the magistrate should have recorded this range in the inquest finding. The Court amended the magistrate's finding accordingly.

Citation
[2011] ZAGPJHC 97
Parties
Applicant: Vinita Gail Harding; Respondent: State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 August 2011
Case Number
162/2011
Procedural Posture
Review Application / High Court Review of Magistrate's Inquest Finding
Outcome
The magistrate's finding as to the date of death is amended to reflect that the deceased died on either 25 or 26 October 2007.
Judges
N.P. Willis, F.H.D. Van Oosten
Legal Topics
Inquests Act, Date of Death Finding, Judicial Review of Inquest
Criminal Law Inquests Act Date of Death Finding Judicial Review of Inquest

Case Brief

Summary, issues, holding and outcome

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Parties

Vinita Gail Harding

Applicant

State

Respondent

Procedural Posture

Review Application / High Court Review of Magistrate's Inquest Finding

Legal Issues

  1. 1 Whether the magistrate's finding on the date of death was correct and sufficient under the Inquests Act.
  2. 2 Whether an approximate date of death may be recorded when the exact date is uncertain.

Ratio Decidendi

The High Court held that section 16(2)(c) of the Inquests Act does not require the magistrate to record the exact day of death if it cannot be determined from the evidence. It is sufficient and proper to record an approximate date or range when the evidence supports only such a finding. In this case, the evidence established that the deceased died either on 25 or 26 October 2007, and the magistrate should have recorded this range in the inquest finding. The Court amended the magistrate's finding accordingly.

Court Disposition

The magistrate's finding as to the date of death is amended to reflect that the deceased died on either 25 or 26 October 2007.

Orders

  • The finding by the magistrate as to the date of death of the deceased, as recorded in paragraph (b) of Form J56, is amended to read 'On either 25 or 26 October 2007.'