This Act was repealed on 2020-03-06 by Coroner's Office Act, 2019.
Zimbabwe
Inquests Act
Chapter 7:07
- Commenced on 25 May 1951
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
- [Repealed by Coroner's Office Act, 2019 (Act 12 of 2019) on 6 March 2020]
1. Short title
This Act may be cited as the Inquests Act [Chapter 7:07].2. Duty of police officer in relation to sudden deaths or deaths by violence
As soon as it comes to the knowledge of any police officer that there is at any spot within the area over which he exercises supervision the body of any person who died suddenly or was found dead or is supposed or suspected to have come by his death by violence or otherwise than in a natural way, it shall be the duty of such police officer with all convenient speed to proceed to the spot where the body is, and he shall inspect the same and, if necessary, cause the same if interred to be disinterred for the purpose of inspection, and he shall also obtain all information procurable for the purpose of ascertaining the cause of death:Provided that if the body is interred in a cemetery established or controlled and administered under the Cemeteries Act [Chapter 5:04], such body may only be so disinterred upon the order of the Minister responsible for home affairs.3. Police officer to inspect body and note appearance
In viewing the dead body the police officer shall take careful note of all appearances, marks and traces presented by it and about it which tend to show whether the deceased did or did not come by his death from violence, and if from violence, whether the same was used by himself or some other, and if by some other, who such other was or how he may be discovered.4. Police officer to have body examined
It shall be the duty of the police officer, where practicable, to cause the dead body to be examined as soon as possible by a duly registered medical practitioner, if such can be procured, and if not, then by the best qualified person or persons that can be obtained, and such medical man or other qualified person shall be entitled to receive his expenses, precisely as if he had been summoned to give evidence at a criminal trial held at the place where he made such examination as aforesaid.5. Police officer to report case to magistrate without delay
The police officer shall, without delay, report to a magistrate, in detail, the circumstances of the case, in order that the magistrate may take such further steps, if any, as may be needful, either to ascertain the cause of death or to bring to justice such person or persons as appear to have unlawfully caused such death.6. Powers of magistrate on receiving report
7. Process for summoning witnesses
The process for summoning witnesses to attend before any inquest shall be in substance in the form set forth in the First Schedule.8. Penalty for non-attendance of witness
If any person summoned as a witness does not attend pursuant to such summons, then such person so making default shall, unless reasonable excuse is proved by oath or affidavit, be liable to be sentenced by the magistrate to a fine not exceeding level five or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; and the magistrate may, moreover, issue his warrant for the arrest of the person so making default, which warrant shall be in substance in the form set forth in the Second Schedule.[section amended by Act 22 of 2001]9. Oaths of witnesses
The oath to be taken by witnesses appearing before the inquest shall be administered by the magistrate, and shall be as follows: “The evidence which you shall give to this inquest touching the death of C. D. (or ‘of the deceased person, name unknown, regarding whom this inquest is held’) shall be the truth, the whole truth, and nothing but the truth. So help me God.”.10. Evidence and procedure at inquest
11. Witnesses entitled to expenses
All witnesses, medical or otherwise, summoned or attending to give evidence before any inquest shall be entitled to receive their expenses as if they were witnesses summoned to give evidence at a criminal trial.12. Power to make rules
The Minister responsible for justice, after consultation with the Chief Justice, may make rules for regulating the practice and procedure at or in connection with inquests.13. Transmission of inquests and reports
The magistrate shall transmit to the Prosecutor-General the record of every inquest held by him and the report of any police officer made in terms of section five in any case where an inquest has not been held, together with the conclusion in regard to it at which the magistrate has arrived and such remarks upon the case, if any, as the magistrate thinks fit.14. Inquest not to prevent issue of warrant and arrest of offenders
Nothing in this Act shall prevent any person authorized by law to issue warrants of arrest, or authorized to arrest offenders or supposed offenders in that warrant, from acting in all respects as regards such warrants or such offenders whether an inquest has or has not been commenced.15. Inquests on death of members of armed forces dispensed with in certain cases
16. Contempts at inquests
All contempts committed by witnesses or others before or in regard to any inquest shall be dealt with in like manner, mutatis mutandis, as contempts committed by witnesses and others before any magistrates court.History of this document
06 March 2020
Repealed by
Coroner's Office Act, 2019
31 December 2016 this version
Consolidation
25 May 1951
Commenced