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This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Death Registration
South Africa
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South Africa
Death Registration
Medicolegal Death Investigations
Medicolegal Death Investigations
Medicolegal Death Investigations Authority
What type of medicolegal death investigation (MLDI) system does the country have?
Coroner System
Recommended Practice based on International Guidelines
MLDI systems can be categorized into four types: law enforcement-led systems, coroner systems, medical examiner systems, and coroner/medical examiner hybrid systems. There is no best practice. All four types of systems are capable of providing quality information to the 5 MDLI questions: 1) Who died (i.e., what was the person’s name, if known)? 2) When did the death occur? 3) Where did the death occur? 4) What was the cause of death? and 5) What was the manner of death (e.g., natural, accident, suicide, homicide, or undetermined)?
South Africa operates a coroner system with a specialised forensic pathology service. The magistrate (who acts as coroner) has the authority to refer a death to a forensic pathologist for determination of cause of death. Each provincial Department of Health must establish a Forensic Pathology Service. Where criminal proceedings are not instituted, a judicial inquest is held by a magistrate. After these proceedings, the magistrate is responsible for recording the findings on the identity of the deceased and cause and manner of death.
Does the law clearly state what types of cases must be referred to the MLDI authority and is this in accordance with international guidance?
Yes
Recommended Practice based on International Guidelines
Deaths due to known or suspected unnatural or external causes should be referred to the Medicolegal Death Investigation (MLDI) authority. This includes deaths due to violence, injury, self-harm, suspicious causes, and sudden, unexplained or unexpected deaths. The types of cases that must be report to the MLDI system are usually contained in a code of criminal procedure, rather than in the civil registration law .
The law clearly defines the types of cases requiring referral. The 2018 Forensic Pathology Regulations define 'unnatural death' comprehensively to include deaths due to physical or chemical influence, deaths that may be criminal in nature, deaths contemplated in the Health Professions Act (including all procedure-related hospital deaths), and any death that is sudden, unexpected, unexplained, or where the cause is not apparent. Specific categories requiring specialist forensic investigation include deaths in police custody, deaths in correctional services, aircraft accidents, suspected sudden infant deaths, deaths in institutions, deaths due to terrorism, deaths due to sexual assault, death of child due to non-accidental injury or neglect, and homicides of members of the police or defense force, .
Does the law mandate that law enforcement and/or heads of custodial institutions report all deaths in custody to the medicolegal death investigation authority?
Yes
Recommended Practice based on International Guidelines
All deaths in custody should be viewed as potentially unlawful or suspicious deaths and
should therefore be referred to the medical-legal authorities. “Deaths in custody” refers to those deaths in which the circumstances of the death place the decedent in either direct or indirect contact with law enforcement in such settings as incarceration, apprehension and pursuit. For deaths that occur in a detention facility, the head of the detention facility or the head of health services within the detention facility should initiate the process of notifying the medical-legal authorities. For deaths that occur during pursuit or apprehension, the police chief should refer the death to the medical-legal authorities.
The Correctional Services Act requires the Head of a Correctional Centre to report deaths to the Inspecting Judge if a medical practitioner cannot certify that the death was due to natural causes (i.e., only suspected unnatural deaths must be reported). The Independent Police Investigative Directorate Act requires investigation of any death in police custody or from police action, with station commanders required to notify Independent Police Investigative Directorate immediately and submit written reports within 24 hours. The Forensic Pathology Regulations require South African Police Services to immediately notify the Head of Forensic Pathology of deaths in police custody or as a result of police action and unnatural deaths while in correctional custody. These obligations are backed by criminal sanctions.
