Van Heerden and Another v Joubert NO and Others (577/92) [1994] ZASCA 101; 1994 (4) SA 793 (AD); [1994] 2 All SA 468 (A) (19 August 1994)

Van Heerden and Another v Joubert NO and Others (577/92) [1994] ZASCA 101; 1994 (4) SA 793 (AD); [1994] 2 All SA 468 (A) (19 August 1994)

The court held that the Inquest Act 58 of 1959 does not permit an inquest into the death of a stillborn child. The word 'person' in the Act must be given its ordinary meaning, which refers to a living human being. There is no statutory or common law basis to extend the definition of 'person' to include a stillborn child. The nasciturus rule, which allows an unborn child to acquire rights if born alive, does not apply to stillborn children. The magistrate therefore lacked jurisdiction to continue with the inquest once it was found that the baby was stillborn. The appeal was upheld and the magistrate's decision set aside.

Citation
[1994] ZASCA 101
Parties
Appellant: Inamarie Van Heerden; Appellant: Mark Boshoff; Respondent: J J Joubert NO; Respondent: Meir Gonen; Respondent: Maureen Ora Gonen
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 August 1994
Case Number
577/92
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division
Outcome
Appeal upheld; magistrate's decision set aside; costs awarded to appellants.
Judges
F H Grosskopf, Hefer, Harms, Nicholas, Mahomed
Legal Topics
Inquest Act Interpretation, Jurisdiction of Magistrate, Definition of Person, Stillbirth and Legal Personality
Civil Procedure Inquest Act Interpretation Jurisdiction of Magistrate Definition of Person Stillbirth and Legal Personality

Case Brief

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Parties

Inamarie Van Heerden

Appellant

Mark Boshoff

Appellant

J J Joubert NO

Respondent

Meir Gonen

Respondent

Maureen Ora Gonen

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division

Legal Issues

  1. 1 Does the Inquest Act 58 of 1959 permit an inquest into the death of a stillborn child?
  2. 2 Does the word 'person' in the Act include a stillborn child?
  3. 3 Did the magistrate have jurisdiction to continue with the inquest after finding the baby was stillborn?

Ratio Decidendi

The court held that the Inquest Act 58 of 1959 does not permit an inquest into the death of a stillborn child. The word 'person' in the Act must be given its ordinary meaning, which refers to a living human being. There is no statutory or common law basis to extend the definition of 'person' to include a stillborn child. The nasciturus rule, which allows an unborn child to acquire rights if born alive, does not apply to stillborn children. The magistrate therefore lacked jurisdiction to continue with the inquest once it was found that the baby was stillborn. The appeal was upheld and the magistrate's decision set aside.

Court Disposition

Appeal upheld; magistrate's decision set aside; costs awarded to appellants.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is set aside and substituted with an order declaring that the first respondent has no jurisdiction to continue with an inquest in terms of the Inquest Act 58 of 1959 into the death of the stillborn child to which the third respondent gave birth at the Flora Clinic on 2 April 1988.