The role of the minimally invasive forensic autopsy in South Africa: a legal perspective.
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Date
2021
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Abstract
The purpose of the study is to provide a legal perspective on the role of the minimally invasive
forensic autopsy in South Africa in light of the wide discretion conferred upon autopsy
practitioners by the Inquests Act 58 of 1959. Autopsies are essential not only to identify cause
of death and related pathology but also for healthcare quality control, vital statistics and
medical education. Forensic autopsies received widespread attention internationally however
the field in South Africa seems to be falling behind in light of the legislature failing to revisit
the legislation regulating the field. In light of autopsies becoming more sophisticated there are
now several different modalities that are used to perform both an academic autopsy and
forensic autopsy other than a complete dissection of the body. These modalities can be defined
as minimally invasive forensic autopsies. It has been extensively argued that diagnostic
technology has rendered the conventional autopsy redundant. The dissertation aims to assess
these modalities in comparison to the conventional autopsy.
In recent times, the option of a minimally invasive forensic autopsy including the non-invasive
virtopsy and verbal autopsy has acquired considerable attention worldwide. However in South
Africa, the extent of the medico-legal post mortem examination is not exactly prescribed by
the Inquests Act 58 of 1959 and therefore left to the discretion of the autopsy practitioner as
per the perceived needs of the case. Hence it is essential to provide a legal perspective to assess whether minimally invasive forensic autopsies will fulfil the statutory obligations imposed by
the Inquests Act and withstand judicial scrutiny in South Africa.
The writer submits that there is compelling evidence to promote the introduction of the
minimally invasive forensic autopsy in South Africa. There is no legal prohibition in this
regard. However, the implementation thereof will inevitably require a review of current
legislation, especially the Inquests Act 58 of 1959 which is arguably outdated. In this way, the
role of the minimally invasive forensic autopsy in South Africa will be supported by a robust
legal framework.
Description
Masters Degree. University of KwaZulu-Natal, Durban.