Laws of Zambia ActiveInquests Act
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The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE INQUESTS ACT
CHAPTER 36 OF THE LAWS OF ZAMBIA
CHAPTER 36 THE INQUESTS ACT
THE INQUESTS ACT
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
POWERS AND DUTIES OF CORONERS
3. Who may hold inquests
4. When inquest to be held
5. Power to dispense with inquest in certain cases
6. Postponement and adjournment of inquests in certain cases
7. Power to order exhumation
PART III
HOLDING OF I NQUESTS
with inquest in certain cases
6. Postponement and adjournment of inquests in certain cases
7. Power to order exhumation
PART III
HOLDING OF I NQUESTS
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8. Inquest on persons in prison or in custody
9. Inquest to be held by coroner of place where body lying
10. Inquest where body destroyed or irrecoverable
11. Coroner may postpone burial or cremation till after inquest
12. Notice of death
13. Coroner may call for statements recorded by police officers
PART IV
POST-M ORTEN EXAMIMATION
14. Coroner may direct post-mortem examinations
15. Medical practitioner to make an examination and report
PART V
PROCEDURE AT I NQUEST
Section
16. Evidence at inquest
17. Provisions regarding the viewing of body
18. Coroner may summon witnesses
19. Coroner not bound by rules of evidence
20. Evidence: how recorded
21. Statements recorded by police officers may be admitted as evidence in inquest
22. Examination of witnesses
23. Power to take evidence of witness unable to attend
24. Inquest on Sunday, etc., or in private
25. Adjournment of inquest
26. Coroner to adjourn inquest in certain cases
27. Issue of summons or warrant
28. The inquisition
29. Where guilty party unknown
30. Where guilty party cannot be found
31. Return of inquisitions
32.
. Issue of summons or warrant
28. The inquisition
29. Where guilty party unknown
30. Where guilty party cannot be found
31. Return of inquisitions
32.
Copies of documents to be supplied
33. Powers of High Court
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PART VI
M ISCELLANEOUS
34. Penalty where body is buried without authority
35. Obstructing medical officer, etc.
36. Regulations
37. Prescribed forms
SCHEDULE -Prescribed forms
CHAPTER 36
INQUESTS
An Act relating to inquests.
[6th January, 1939]
52 of 1938
24 of 1939
8 of 1940
45 of 1940
26 of 1955
14 of 1957
40 of 1959
14 of 1960
3 of 1963
43 of 1966
1 of 1967
13 of 1994
Government Notices
224 of 1964
303 of 1964
493 of 1964
497 of 1964
Statutory Instrument
72 of 1964
29 of 1977
PART I
PRELIMINARY
1. This Act may be cited as the Inquests Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"building operation" has the meaning assigned to that expression by section three
of the Factories Act;
Cap. 441
"coroner" means any person empowered or appointed to hold inquests under this
Act;
"factory" has the meaning assigned thereto by section two of the Factories Act; Cap. 441
erson empowered or appointed to hold inquests under this
Act;
"factory" has the meaning assigned thereto by section two of the Factories Act; Cap. 441
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*(1)"medical practitioner" means any person registered or licensed as a medical
practitioner under the Medical and Allied Professions Act;
* See section 56 of the Medical and Allied Professions Act (Cap. 245)
Cap. 297
"mine" has the meaning assigned thereto by section two of the Mines and Minerals
Act;
Cap. 213
"work of engineering construction" has the meaning assigned to that expression by
section three of the Factories Act. (As amended by No. 14 of 1957
and G.N. No. 303 of 1964)
Cap. 441
PART II
POWERS AND DUTIES OF CORONERS
3. (1) Every magistrate having authority under the provisions of the Subordinate
Courts Act to hold a subordinate court of the first, second or third class may hold inquests
under this Act. Who may hold
inquests. Cap. 28
(2) The Judicial Service Commission may, by Gazette notice, appoint any other fit
person to hold inquests under this Act within any area specified in such notice. * See section 56 of the Medical and Allied Professions Act (Cap. 245).
erson to hold inquests under this Act within any area specified in such notice. * See section 56 of the Medical and Allied Professions Act (Cap. 245).
(3) A coroner shall have jurisdiction-
(a) if he is a senior resident magistrate or resident magistrate, throughout
Zambia;
(b) if, not being a senior resident magistrate or a resident magistrate, he is
empowered to hold inquests in terms of subsection (1), within the limits of
his magisterial jurisdiction;
(c) if he is appointed to hold inquests in terms of subsection (2), within such
area as is specified in the notice referred to in that subsection. (4) Any inquest commenced by a coroner may be continued, resumed or reopened
in the manner provided by this Act by such coroner or, if such coroner is absent or ill, by
any other coroner having jurisdiction as provided by section nine. (As amended by No. 24 of 1939, No. 40 of 1959,
No. 3 of 1963 and G.N. Nos. 303 and 493 of 1964)
roner having jurisdiction as provided by section nine. (As amended by No. 24 of 1939, No. 40 of 1959,
No. 3 of 1963 and G.N. Nos. 303 and 493 of 1964)
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4. Whenever a coroner is credibly informed that the body of a deceased person is
lying within his jurisdiction, and that there is reasonable cause to suspect that such person
has died either a violent or an unnatural death, or in prison or in police custody, or in any
place or circumstances which, in the opinion of the coroner, makes the holding of an
inquest necessary or desirable, such coroner shall, except as otherwise provided in this
Act, hold an inquest on such body as soon as is practicable. When inquest to be
held
5. Whenever it shall appear to the coroner, either from the report of a medical
practitioner rendered under section fifteen or otherwise, that the death is due to natural
causes, and that the body shows no appearance of death being attributable to or of having
been accelerated by violence or by any culpable or negligent conduct either on the part of
the deceased or of any other person, it shall thereupon be lawful for the coroner at his
discretion (except in the cases specified in section eight) to dispense with the holding of
an inquest.
all thereupon be lawful for the coroner at his
discretion (except in the cases specified in section eight) to dispense with the holding of
an inquest.
Power to dispense
with inquest in certain
cases
6. (1) Whenever the coroner is informed that some person has been or is about to
be brought before a magistrate on a charge of the murder, manslaughter or infanticide of
the deceased, or of causing the death of the deceased by the reckless or dangerous
driving of a motor vehicle, or of complicity in the death of the deceased under section
eight of the Suicide Act, in the absence of reason to the contrary, the inquest shall not be
commenced, or if commenced shall not be continued or resumed, until after the
conclusion of the criminal proceedings. Postponement and
adjournment of
inquests in certain
cases
Cap.
ll not be continued or resumed, until after the
conclusion of the criminal proceedings. Postponement and
adjournment of
inquests in certain
cases
Cap.
89
(2) After the conclusion of the criminal proceedings, the coroner may, subject as
hereinafter provided, hold an inquest or resume the adjourned inquest if he is of opinion
that public benefit is likely to result from his so doing; but, if he is of opinion that no public
benefit is likely to result from his so doing, he shall certify his opinion to that effect and
transmit such opinion to the Director of Public Prosecutions together with a certified copy
of the inquest proceedings if the inquest has been commenced:
Provided that, if in the course of the criminal proceedings any person has been
charged upon information, then upon the resumed inquest no inquisition shall contain any
finding that sufficient grounds have been disclosed for charging that person with any
offence of which he could have been convicted on such information or any finding which is
inconsistent with the determination of any matter by the result of those proceedings.
have been convicted on such information or any finding which is
inconsistent with the determination of any matter by the result of those proceedings.
(3) Nothwithstanding the provisions of subsection (2), where an inquest is
postponed or adjourned in pursuance of subsection (1) and it is ascertained that a person
to be charged cannot be found, the coroner shall commence or resume the inquest, as the
case may be, and conclude it. (4) For the purposes of this section, the expression "the criminal proceedings"
means the proceedings before the magistrate and before the High Court, if the accused
person is committed for trial by such court, or before any court to which the accused
person may appeal from any conviction, and criminal proceedings shall not be deemed to
be concluded until no appeal can be made in the course thereof without special leave. (As amended by No. 14 of 1960, S.I. No. 72 of 1964
and No. 1 of 1967)
ncluded until no appeal can be made in the course thereof without special leave. (As amended by No. 14 of 1960, S.I. No. 72 of 1964
and No. 1 of 1967)
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7. Notwithstanding any law or custom to the contrary enacted or obtaining,
whenever it shall appear to any coroner that the body of any person, who has died in
circumstances requiring the holding of an inquest thereon, has been buried without being
viewed or without such inquest having been held, or where such inquest, although held,
has been quashed or reopened, it shall be lawful for such coroner by his warrant in Form
1 in the Schedule to order the exhumation of such body; and he shall, after such
exhumation, proceed to hold an inquest on such body and thereupon direct the
reinterment thereof; and the expenses of such exhumation and reinterment shall be paid,
upon the coroner's order, from the general revenues of the Republic:
Power to order
exhumation
Provided that such exhumation shall not be ordered in any case where, in the
opinion of the coroner, it would be injurious to public health, or where there is no
reasonable probability of a satisfactory result being obtained thereby. (As amended by S.I. No. 72 of 1964)
PART III
HOLDING OF I NQUESTS
8.
ere is no
reasonable probability of a satisfactory result being obtained thereby. (As amended by S.I. No. 72 of 1964)
PART III
HOLDING OF I NQUESTS
8.
Notwithstanding anything contained in this Act, where-
(a) a prisoner; or
(b) a person in the custody of a police officer or detained in custody under a
detention order;
dies from any cause whatsoever, it shall be the duty of the prison officer having charge of
such prisoner or the police officer or other person having charge of such person, as the
case may be, to give notice of the death of such prisoner or person to a coroner within
whose jurisdiction such death occurred and that coroner shall hold an inquest. (No. 43 of 1966)
Inquest on persons in
prison or custody
9. A coroner only within whose jurisdiction the body of any person, upon whose
death an inquest ought to be held, is lying shall hold the inquest, notwithstanding that the
cause of death arose elsewhere; and if any body is found in any river or in any inland
waters, the inquest shall be held by the coroner within whose jurisdiction the body is first
brought to land:
Inquest to be held by
coroner of place where
body lying
uest shall be held by the coroner within whose jurisdiction the body is first
brought to land:
Inquest to be held by
coroner of place where
body lying
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Provided that where it appears to a coroner by whom an inquest has been
commenced that, owing to special circumstances to be entered upon the record of the
inquest, it is expedient for the inquest to be continued by another coroner, he shall, after
viewing the body (if such view is necessary in accordance with the provisions of
subsection (1) of section seventeen) and making such entry upon the record as is
required to be made under the provisions of subsection (4) of section seventeen, refer the
record to such other coroner; and such other coroner shall thereupon, whether or not the
body is lying within his jurisdiction and subject to any directions in that behalf which may
be given by the High Court and which the High Court is hereby empowered to give,
continue the inquest and conclude the same in accordance with the provisions of this Act. (As amended by No. 3 of 1963)
10.
hereby empowered to give,
continue the inquest and conclude the same in accordance with the provisions of this Act. (As amended by No. 3 of 1963)
10.
When a coroner has reason to believe that a death has occurred in the area
within which he has jurisdiction in such circumstances that an inquest ought to be held,
and that owing to the destruction of the body by fire or otherwise or to the fact that the
body is lying in a place from which it cannot be recovered, an inquest cannot be held
except by virtue of the provisions of this section, he may, if he considers it desirable so to
do, hold an inquest touching the death, and the law relating to inquests shall apply with
such modifications as may be necessary in consequence of the inquest being held
otherwise than on or after view of a body lying within the coroner's jurisdiction. (As amended by No. 3 of 1963)
Inquest where body
destroyed or
irrecoverable
11. A coroner may prohibit the burial or cremation of any body lying within his
jurisdiction until an inquest shall have been held. Coroner may postpone
burial or cremation till
after inquest
12.
ation of any body lying within his
jurisdiction until an inquest shall have been held. Coroner may postpone
burial or cremation till
after inquest
12.
When any body is found or a person has died in such circumstances as to
make the holding of an inquest under this Act necessary or desirable, it shall be the duty
of any person finding the body or becoming aware of the death forthwith to inform either a
coroner having jurisdiction or a police officer or a chief or headman or district messenger,
and upon receiving any such information such chief or headman or district messenger or
police officer shall notify a coroner having jurisdiction to hold an inquest. Any person who
fails without good cause to inform the chief or headman or district messenger or police
officer as required by this section shall be guilty of an offence and shall be liable to a fine
not exceeding seven hundred and fifty penalty units. (As amended by Act No. 13 of 1994)
Notice of death
13.
f an offence and shall be liable to a fine
not exceeding seven hundred and fifty penalty units. (As amended by Act No. 13 of 1994)
Notice of death
13.
(1) Where a death has occurred in such circumstances that an inquest is
required or ought to be held under the provisions of this Act, the coroner having
jurisdiction may direct any police officer having charge of or concerned in an investigation
into the death to produce to the coroner, prior to the holding of the inquest, any statement
made to, and recorded in writing by, such police officer by any person having knowledge
of the circumstances, the cause of the death or the identity of the deceased, as the case
may be, and the coroner may postpone the holding of the inquest for such time as may be
necessary to enable him to obtain and peruse any such statement. Coroner may call for
statements recorded
by police officers
(2) A coroner to whom a statement is produced under subsection (1) shall, before
holding the inquest, return the statement to the police officer by whom it is so produced
and may, at the same time, notify him of the name of any person whose attendance at the
inquest will not be required unless otherwise ordered:
roduced
and may, at the same time, notify him of the name of any person whose attendance at the
inquest will not be required unless otherwise ordered:
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Provided that nothing in this section shall be construed as to prohibit the attendance
at the inquest of any such person if he desires to attend. (No. 43 of 1966)
PART IV
POST-M ORTEM EXAMINATION
14.
nstrued as to prohibit the attendance
at the inquest of any such person if he desires to attend. (No. 43 of 1966)
PART IV
POST-M ORTEM EXAMINATION
14.
(1) If any coroner considers it necessary with a view to investigating the
circumstances of the death of any person, to obtain a medical report on the appearance of
the body of such person, and as to the conclusions to be drawn therefrom, he may, by
written order in Form 2 in the Schedule, require any Government Medical Officer within or
without his jurisdiction or any other medical practitioner within his jurisdiction to make an
examination of the body and to report thereon:
Coroner may direct
post-mortem
examination
Provided that-
(i) a coroner shall not make any order as aforesaid if he is of opinion-
(a) that the body cannot be brought to a medical officer or practitioner
for examination; and
(b) that a medical officer or practitioner cannot make an examination at
the place where the body is; and
(c) that the body cannot be brought to some specified place at which a
medical officer or practitioner could make an examination;
so that the examination can be made within such time as would enable it to
be of practical value;
(ii) the coroner shall not make any order as aforesaid if he is of opinion that, by
reason of the distance which a medical officer or practitioner would be
obliged to travel in order to make an examination and the time which would
be occupied in the journey, it would not be in the public interest that such
an order should be made.
to make an examination and the time which would
be occupied in the journey, it would not be in the public interest that such
an order should be made.
(2) In any case of emergency where it would be impracticable to secure a coroner's
order, any police officer of or above the rank of Sub Inspector may exercise the authority
conferred on a coroner under subsection (1). (As amended by No. 45 of 1940, No. 3 of 1963
G.N. No. 224 of 1964 and No. 24 of 1977)
rcise the authority
conferred on a coroner under subsection (1). (As amended by No. 45 of 1940, No. 3 of 1963
G.N. No. 224 of 1964 and No. 24 of 1977)
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15. Every medical practitioner upon the receipt of such order shall, unless he
procures the services of some other medical practitioner to perform the duty, immediately
make an examination of the body, with a view to determining therefrom the cause of
death, and to ascertaining the circumstances connected therewith, and shall make a
report in writing to the coroner describing the appearance of the body, and the conclusions
which he draws therefrom touching the death of such person. The examination shall
extend, when the medical practitioner considers it necessary but not otherwise, to such
dissection of the body as he may think requisite. The report shall be in Form 3 in the
Schedule, and shall state the cause of death, and shall be signed and dated by the
medical practitioner.
quisite. The report shall be in Form 3 in the
Schedule, and shall state the cause of death, and shall be signed and dated by the
medical practitioner.
Such report, on being read at the inquest by the coroner, shall be
prima facie evidence of the facts therein stated without further proof, unless it is proved
that the medical practitioner purporting to sign the report did not in fact sign it:
Medical practitioner to
make an examination
and report
Provided that the coroner may, if he shall consider it necessary or desirable, call
such medical practitioner to give evidence at the inquest. PART V
PROCEDURE AT I NQUEST
16. The coroner shall at the inquest examine on oath in regard to the death all
persons who tender their evidence respecting the facts and all persons having knowledge
of the facts whom he thinks it expedient to examine. Evidence at inquest
17. (1) At or before the first sitting of an inquest on a body, the coroner shall view
the body or shall satisfy himself that the body has been viewed by a police officer, medical
practitioner, chief, headman, district messenger or other trustworthy person:
Provisions regarding
the viewing of body
Provided that, when an inquest on the body has been previously opened, it shall not
be necessary upon a resumed, continued, or subsequent inquest for the body to be
viewed a second time.
e body has been previously opened, it shall not
be necessary upon a resumed, continued, or subsequent inquest for the body to be
viewed a second time.
(2) An order authorising the burial of a body upon which it has been decided to hold
an inquest may be issued at any time after the body has been viewed. (3) If the body has been buried and has not been viewed in the manner provided in
subsection (1), the coroner shall order the exhumation of the body for the purpose of a
view in the manner provided by section seven unless he certifies that, in his opinion, such
exhumation would be injurious to the public health or that no satisfactory result would be
obtained thereby.
s he certifies that, in his opinion, such
exhumation would be injurious to the public health or that no satisfactory result would be
obtained thereby.
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(4) In any case in which the coroner himself has viewed the body, he shall certify the
fact upon the record of the inquest and in other cases he shall record evidence (if any) of
the view of the body by a police officer, medical practitioner, chief, headman, district
messenger or other trustworthy person. 18. (1) A coroner holding an inquest shall have and may exercise all the powers
conferred upon a court by the Criminal Procedure Code with regard to summoning and
compelling the attendance of witnesses and requiring them to give evidence, and with
regard to the production of any document or thing at such inquest. Coroner may summon
witnesses. Cap. 88
(2) Every summons and warrant of arrest and summons to produce shall be in
writing signed by the coroner. (3) Where the inquest concerns the death of a person executed in pursuance of a
death warrant, the medical practitioner who was present at the execution shall be an
essential witness at such inquest. (4) The provisions of the Criminal Procedure Code shall, as far as may be, apply to
summonses to produce issued by a coroner. Cap. 88
19.
uch inquest. (4) The provisions of the Criminal Procedure Code shall, as far as may be, apply to
summonses to produce issued by a coroner. Cap. 88
19.
A coroner holding an inquest shall not be bound by any rules of evidence which
may pertain to civil or criminal proceedings, but if any witness objects to answer any
question on the ground that it will tend to incriminate him, he shall not be required to
answer the question nor be liable to any penalty for refusing so to answer. Coroner not bound by
rules of evidence
20. The coroner shall take down or cause to be taken down in his presence the
evidence of every witness and such evidence shall be read over to such witness and shall
be signed by him and by the coroner. Evidence: how
recorded
21.
idence of every witness and such evidence shall be read over to such witness and shall
be signed by him and by the coroner. Evidence: how
recorded
21.
Where, upon hearing the evidence of a police officer having charge of or
concerned in an investigation into the death of the deceased person, the coroner is
satisfied that-
(a) the death was caused in circumstances other than those referred to in
subsection (3) of section twenty-two or in subsection (1) of section
twenty-six; and
(b) there are no grounds for making a charge against any person in connection
with the death;
the coroner may, notwithstanding the provisions of section twenty, admit as evidence a
statement made to, and recorded in writing by, a police officer by any person relating to
the death or the identity of the deceased, and any such statement admitted as aforesaid
shall be evidence in the inquest and shall form part of the record. (No. 43 of 1966)
Statements recorded
by police officers may
be admitted as
evidence in inquest
22. (1) The persons referred to in subsection (3) and any other person who, in the
opinion of the coroner, is a properly interested person shall be entitled to examine any
witness at an inquest either in person or by a barrister or solicitor. Examination of
witnesses
rly interested person shall be entitled to examine any
witness at an inquest either in person or by a barrister or solicitor. Examination of
witnesses
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(2) Where any person examines a witness under the provisions of subsection (1),
the coroner shall disallow any question which, in his opinion, is not relevant or is otherwise
not a proper question. (3) Without prejudice to the generality of subsection (1), if the death of the deceased
may have been caused by an injury received in the course of his employment or by an
industrial disease, the following shall be deemed to be properly interested persons for the
purposes of this section:
(a) any person appointed in writing by a trade union to which the deceased at
the time of his death belonged;
(b) the employer of the deceased person; and
(c) any person duly authorised in writing by the Ministries responsible for
labour or mines. (4) Unless the coroner otherwise determines, a witness at an inquest shall be
examined first by the coroner and, if the witness is represented at the inquest, lastly by his
representative.
mines, a witness at an inquest shall be
examined first by the coroner and, if the witness is represented at the inquest, lastly by his
representative.
(5) Any person whose conduct is likely, in the opinion of the coroner, to be called in
question at an inquest shall, if not duly summoned to give evidence at the inquest, be
given reasonable notice of the date, hour and place at which the inquest will be held. (6) No person shall be allowed to address the coroner as to the facts. (No. 26 of 1955)
23. (1) Where any person within the coroner's jurisdiction who is able to give
material evidence in respect of any inquest is, owing to illness or other cause which
appears satisfactory to the coroner, unable to attend at the place where the coroner
usually sits, it shall be lawful for the coroner to take the deposition of such person in the
place where such person is.
the place where the coroner
usually sits, it shall be lawful for the coroner to take the deposition of such person in the
place where such person is.
Power to take
evidence of witness
unable to attend
(2) Whenever in the course of any inquest the coroner is satisfied that the
examination of a witness is necessary and that the attendance of such witness cannot be
procured without an amount of delay, expense or inconvenience which, in the
circumstances of the case would be unreasonable, the coroner may issue a commission
to any coroner, within the local limits of whose jurisdiction such witness resides, to take
the evidence of such witness.
roner may issue a commission
to any coroner, within the local limits of whose jurisdiction such witness resides, to take
the evidence of such witness.
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(3) The coroner to whom the commission is issued shall proceed to the place where
the witness is, or shall summon the witness before him, and shall take down the evidence
in the same manner and may, for this purpose, exercise the same powers as if he were
holding the inquest. (4) After any commission issued under subsection (2) has been duly executed, it
shall be returned, together with the recorded evidence of the witness examined, to the
coroner before whom the inquest is pending and the commission, the return thereto and
the evidence shall be evidence in the inquest and shall form part of the record. 24. (1) A coroner may lawfully hold inquests on any Sunday or public holiday. Inquest on Sunday,
etc., or in private
(2) If the coroner thinks it expedient in the interests of justice that any inquest should
be held in private, he shall hold the same in private. (3) Whenever an inquest is held in private, the coroner shall record his reasons for
so holding it. 25.
in private, he shall hold the same in private. (3) Whenever an inquest is held in private, the coroner shall record his reasons for
so holding it. 25.
A coroner holding an inquest in any place may adjourn the inquest to another
day and may order the adjourned inquest to be held in the same or any other place. Adjournment of
inquest
26. (1) Where a coroner holds an inquest on the body of any person whose death
may have been caused-
Coroner to adjourn
inquest in certain
cases
(a) by any accident occurring in a factory, or in the course of building
operations or works of engineering construction, or in any mine; or
(b) by any disease mentioned in the Second Schedule to the Workers'
Compensation Act, when such disease may have been contracted in any
factory, or during the course of any building operations or works of
engineering construction, or in any mine;
the coroner shall adjourn the inquest unless-
(i) an officer duly authorised in writing by the Labour Commissioner, or
in the case of an accident which has occurred in a mine, an officer
duly authorised in writing by the Chief Inspector of Mines, is present
to watch the proceedings; or
(ii) he has, before he commences the inquest, received notice in writing
from the Labour Commissioner or the Chief Inspector of Mines, as
the case may be, that he does not wish to be present. Cap.
received notice in writing
from the Labour Commissioner or the Chief Inspector of Mines, as
the case may be, that he does not wish to be present. Cap.
271
271
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(2) In any case in which a coroner adjourns an inquest by virtue of the provisions of
subsection (1), he shall, at least fourteen days before the holding of the adjourned
inquest, send to the Labour Commissioner or the Chief Inspector of Mines, as the case
may be, a notice in writing of the time and place of the holding of the adjourned inquest:
Provided that-
(i) where the Labour Commissioner or the Chief Inspector of Mines has
informed the coroner that he does not wish to be present at the
adjourned inquest or that he or an authorised officer can be present
on an earlier day than that fixed for resumption as aforesaid, the
coroner may, in the first mentioned instance, resume such inquest
on such day as to him seems fit or, in the second mentioned
instance, may if he thinks fit resume such inquest on any earlier day
upon which the Labour Commissioner or the Chief Inspector of
Mines or an authorised officer may be present;
(ii) the coroner, before such adjournment, may take evidence to identify
the body, medical evidence as to the cause of death and evidence
as to the place where the accident occurred, and may order the
interment of the body;
(iii) the coroner, before such adjournment, may take the evidence of any
witness where he is satisfied, for reasons to be entered on the
record, that such witness is unlikely to be available when the inquest
is resumed.
any
witness where he is satisfied, for reasons to be entered on the
record, that such witness is unlikely to be available when the inquest
is resumed.
(3) Any officer duly authorised by the Labour Commissioner, or by the Chief
Inspector of Mines, as the case may be, and being present at an inquest adjourned in
accordance with the provisions of subsection (1), may exercise any right conferred upon a
properly interested person by section twenty-two. (4) Where at any such inquest, at which a person authorised by the Labour
Commissioner, or by the Chief Inspector of Mines, as the case may be, is not present,
evidence is given of any neglect as having caused or contributed to the accident or
disease, or of any defect in or about the mine, factory, location of the building operations
or works of engineering construction, and such neglect or defect appears to the coroner to
require a remedy, the coroner shall, notwithstanding the provisions of section thirty-two,
without charge send to the Labour Commissioner, or the Chief Inspector of Mines, as the
case may be, a copy of any deposition, note of evidence, medical report or other
document in or from which evidence of any such neglect or defect appears. (No. 14 of 1957 as amended by No. 3 of 1963)
27.
ce, medical report or other
document in or from which evidence of any such neglect or defect appears. (No. 14 of 1957 as amended by No. 3 of 1963)
27.
If during the course or at the close of any inquest the coroner is of opinion that
sufficient grounds are disclosed for making a charge against any person in connection
with the death, he may issue a summons or warrant to secure the attendance of such
person before any subordinate court having jurisdiction, and may bind over any witness
who has been examined by or before him on a recognizance with or without surety to
appear and give evidence before such court. Issue of summons or
warrant
28. (1) The proceedings and evidence at an inquest shall be directed solely to
ascertaining the following matters:
The inquisition
summons or
warrant
28. (1) The proceedings and evidence at an inquest shall be directed solely to
ascertaining the following matters:
The inquisition
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(a) who the deceased was;
(b) how, when and where the deceased came by his death;
(c) the persons, if any, to be charged with murder, manslaughter, infanticide, or
causing death by the reckless or dangerous driving of a motor vehicle, or of
being accessories before the fact should the coroner find that the deceased
came to his death by murder, manslaughter, infanticide, or such driving;
(d) the particulars for the time being required by any written law to be
registered concerning the death. (2) If the conduct of any person is called in question at an inquest on grounds which
the coroner thinks substantial and which relate to any matter referred to in subsection (1),
and if that person is not present at the inquest and has not been duly summoned to attend
or otherwise given notice of the holding of the inquest, the inquest shall be adjourned to
enable him to be present if he so desires.
mmoned to attend
or otherwise given notice of the holding of the inquest, the inquest shall be adjourned to
enable him to be present if he so desires.
(3) After the view (if any) of the body and the completion of the evidence, the
coroner shall give his finding and certify it by an inquisition in writing in Form 5 in the
Schedule, showing such of the matters set forth in subsection (1) as have been proved at
the inquest, and, where the inquest concerns the death of a person executed in pursuance
of a death warrant, the verdict and inquisition shall include a finding as to whether the
death was instantaneous and the person executed was the person named in the said
warrant. (4) The coroner shall not express any opinion on any matters other than those
referred to in subsections (1) and (3):
Provided that nothing in this subsection shall preclude the coroner from making a
recommendation designed to prevent the recurrence of fatalities similar to that in respect
of which the inquest was held. (5) No verdict shall be worded in such a way as to appear to determine any question
of civil liability. (No. 26 of 1955 as amended by No. 14 of 1960)
29.
No verdict shall be worded in such a way as to appear to determine any question
of civil liability. (No. 26 of 1955 as amended by No. 14 of 1960)
29.
If, at the close of any inquest, the coroner is of opinion that there is ground for
suspecting that some person is guilty of an offence in respect of the matter inquired into,
but cannot ascertain who such person is, he shall certify his opinion to that effect and
transmit a copy of the proceedings to the Commissioner of Police. Where guilty party
unknown
erson is, he shall certify his opinion to that effect and
transmit a copy of the proceedings to the Commissioner of Police. Where guilty party
unknown
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30. Where the proceedings upon any inquest have been transmitted to the
Commissioner of Police under section twenty-nine and the guilty person remains
undiscovered, and if, in the opinion of the Commissioner of Police, there is no probability
that such person will be discovered, he shall certify his opinion to that effect and transmit
the copy of the proceedings to the Director of Public Prosecutions. Where guilty party
cannot be found
(As amended by S.I. No. 72 of 1964)
31. (1) The original records of all inquests held by a coroner shall be retained by
the coroner holding such inquests until the 31st December in each year, when such
records shall be forwarded to the Registrar of the High Court. Return of inquisitions
(2) Where, in any particular case, the coroner thinks it desirable, or the High Court
or the Director of Public Prosecutions calls for the record of an inquest, the coroner shall
forward certified copies of the inquisition, depositions and recognizances to the High Court
and the Director of Public Prosecutions. (No. 26 of 1955 as amended by G.N. No. 493 of 1964
and S.I. No.
positions and recognizances to the High Court
and the Director of Public Prosecutions. (No. 26 of 1955 as amended by G.N. No. 493 of 1964
and S.I. No.
72 of 1964)
32. A coroner or the Registrar of the High Court in the case where the original
records of an inquest have been received by him in accordance with the provisions of
section thirty-one-
(a) shall, on application and on payment of the prescribed fee (if any), supply to
any person who, in the opinion of the coroner or such Registrar, is a
properly interested person, a copy of any depositions taken by the coroner
at an inquest or of any report of a post-mortem examination or of any notes
of evidence or of any document put in evidence at any inquest or of the
inquisition or any recommendation made by the coroner in terms of the
proviso to subsection (4) of section twenty-eight; or
(b) may, on application and without charge, permit any such person to inspect
such deposition, report, notice, evidence, inquisition or recommendation. (No. 3 of 1963)
Copies of documents
to be supplied
33.
uch person to inspect
such deposition, report, notice, evidence, inquisition or recommendation. (No. 3 of 1963)
Copies of documents
to be supplied
33.
(1) Where the High Court, upon application made by or under the authority of
the Director of Public Prosecutions, is satisfied that it is necessary or desirable to do so, it
may-
Powers of High Court
(a) order an inquest to be held touching the death of any person;
(b) direct any inquest to be reopened for the taking of further evidence, or for
the inclusion in the proceedings thereof and consideration with the evidence
already taken, of any evidence taken in any judicial proceeding which may
be relevant to any issue determinable at such inquest, and the recording of
a fresh finding upon the proceedings as a whole;
cial proceeding which may
be relevant to any issue determinable at such inquest, and the recording of
a fresh finding upon the proceedings as a whole;
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(c) quash the finding in any inquest substituting therefor some other finding
which appears to be lawful and in accordance with the evidence recorded
or included as hereinbefore in this section provided; or
(d) quash any inquest, with or without ordering a new inquest to be held. (2) The provisions of this section shall apply to all inquests and the findings therein. (3) For the purposes of this section, the expression "judicial proceeding" means a
proceeding before any court, tribunal or person having by law power to hear, receive and
examine evidence on oath. (As amended by S.I. No. 72 of 1964)
PART VI
M ISCELLANEOUS
34. (1) Any person who, without lawful authority or excuse inters or cremates any
body, the burial or cremation of which has been prohibited under section eleven, or the
body of any person who has died in police custody or in any prison, or of any person who
has died in any of the circumstances mentioned in section four, shall be guilty of an
offence and on conviction shall be liable to a fine not exceeding seven hundred and fifty
penalty units.
tioned in section four, shall be guilty of an
offence and on conviction shall be liable to a fine not exceeding seven hundred and fifty
penalty units.
Penalty where body is
buried without
authority
(2) Where any person is charged with having committed an offence under this
section, the onus of proving that he had lawful authority or excuse shall be on the person
charged. (As amended by Act No. 13 of 1994)
35. Any person who obstructs a medical practitioner, police officer, chief, headman
or district messenger in the execution of any duty imposed upon him by this Act shall be
guilty of an offence and on conviction shall be liable to a fine not exceeding seven
hundred and fifty penalty units. (As amended by Act No. 13 of 1994)
Obstructing medical
officer, etc. 36.
hall be liable to a fine not exceeding seven
hundred and fifty penalty units. (As amended by Act No. 13 of 1994)
Obstructing medical
officer, etc. 36.
The Chief Justice, with the concurrence of the Minister responsible for finance,
may, by statutory instrument, make regulations prescribing the scale of fees to be paid by
persons applying for a copy of any depositions taken by the coroner at an inquest, or of
any report of a post-mortem examination or of any note of evidence or of any document
put in evidence at an inquest, and prescribing the scale of fees to be paid to medical
practitioners for any post-mortem examination or other service required of them under this
Act, and the scale of fees to be paid to witnesses and other persons. (No. 26 of 1955 as amended by G.N. No. 303 of 1964)
Regulations
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37. The forms set out in the Schedule shall be used for the several matters to
which they relate with such variations as circumstances may require. The Chief Justice
may, from time to time by statutory order, amend, revoke or add to the Schedule.
(As amended by G.N. No. 303 of 1964)
Prescribed forms
SCHEDULE
(Section 37)
PRESCRIBED FORMS
by statutory order, amend, revoke or add to the Schedule.
(As amended by G.N. No. 303 of 1964)
Prescribed forms
SCHEDULE
(Section 37)
PRESCRIBED FORMS
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REPUBLIC OF ZAMBIA
THE INQUEST ACT
CORONER'S FORM 1
(Section 7)
ORDER OF EXHUMATION
..........................................District
To .............................................................................................. .................................................................................................. Whereas it appears that ........................................................................................................................................................ has died in circumstances requiring the holding of an inquest upon his body and that the body of the said .............................. has been buried at .................................................................................................................................. without such inquest
being held (or without the said body being viewed) (or that the inquest held at ........................................................................ on the ................... day of ....................
at the inquest held at ........................................................................ on the ................... day of ....................
was insufficient):
These are to charge and command you that you forthwith cause the said body to be taken up (and viewed) (or, and
safely conveyed to .................................................................................................................................................................... in the above-named District) that I may proceed to inquire into the cause of the death of the said .................... (or as the
case may be). Herein fail not. Given under my hand at this ................... day of ................... 19.......... . ...................................................... Coroner
ven under my hand at this ................... day of ................... 19.......... . ...................................................... Coroner
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REPUBLIC OF ZAMBIA
THE INQUEST ACT
CORONER'S FORM 2
(Section 14)
ORDER FOR POST-MORTEM EXAMINATION
To Dr ........................................................................................ .......................................................................................... Whereas I am credibly informed that one:
..................................................................................................................................................................................has died in
circumstances which may require the holding of an inquest under the Inquests Act, you are hereby authorised and required
to make a post-mortem examination of the body of the said:
.................................................................................................................................................................................................... which will be delivered to you by ................................................................................................................................................
ou by ................................................................................................................................................
and to make a report to me thereon:
Given under my hand at ........................................................................................................................................................ this ................................................................................................................................................ day of .................... 19....... . ...................................................... Coroner
............................................... day of .................... 19....... . ...................................................... Coroner
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REPUBLIC OF ZAMBIA
THE INQUEST ACT
CORONER'S FORM 3
(Section 15)
REPORT ON POST-MORTEM EXAMINATION
To the Coroner ........................ I HEREBY CERTIFY THAT at on the .................. day of
19.............. at the hour of .................................. I examined the body of a { male
female
{ European
African
Asiastic
Coloured { adult
child
infant
*(A) The body was identified to me by ............................................................................................................................ of .............................................................................................................................................. in the presence of
(insert rank and name of police officer present, if any) .......................................................................................... as being that of ........................................................................................................................................................
......................................................................................................................................................
*(B) The body was not identified to me and the external appearances are therefore fully described overleaf. From
my examination, of which a record is appended, and from a consideration of the circumstances
reported to me by { the Police
the District Secretary,
informant, viz: ...................................................................................................... I am of the opinion that
*(C) death occurred ....................................................................................................................hours/days before my
examination;
*(D) the cause(s) of death was/were ............................................................................................................................ I am unable to form an opinion as to
*(E) the date or time of death
*(F) the cause of death. SUMMARY OF SIGNIFICANT, ABNORMAL FINDINGS AT EXAMINATION
................................................................................................................................................................................................
......................................................................................................................................................
Signed at ..........................................................................................................this ................... day of ................ 19......... . Signature of Examiner .......................................................... Registered qualification
Designation { Government Medical Officer/Pathologist
Designation Private Practitioner/Patholgoist
If space is insufficient, give and sign full statement on separate piece of paper and pin to this report. * Complete or delete as appropriate.
olgoist
If space is insufficient, give and sign full statement on separate piece of paper and pin to this report. * Complete or delete as appropriate.
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RECORD OF OBSERVATIONS
Position and attitude of body .................................................................................................................................................. Condition of clothing .............................................................................................................................................................. Surroundings of body .............................................................................................................................................................. Pupils ...................................................................................................................................................................................... Nutrition, Warmth, Rigidity ......................................................................................................................................................
......................................................................................................................................................
Lividity, Putrefaction ................................................................................................................................................................ External injuries, fractures ...................................................................................................................................................... External apertures: condition of, injuries to and foreign bodies in .......................................................................................... (See also Note 2)
Height ............................................................................................................Weight (approx.) ............................................. Age of deceased: Apparent ........................................................................................Reputed.............................................. Skull and its contents including orbits and nasal cavities ......................................................................................................
ts contents including orbits and nasal cavities ......................................................................................................
Mouth, Pharynx and Oesophagus .......................................................................................................................................... Pericardium, Pericardial Sac, and Heart (See Note 3 [i]) ........................................................................................................ Large Blood-vessels (e.g., aortic disease, thrombosis or suppuration in large veins) ............................................................ Larynx, Trachea, and Bronchi ................................................................................................................................................. Pleurae, Pleural Sacs, and Lungs:
Right .................................................................................................................................................................................... Left ......................................................................................................................................................................................
......................................................................................................................................................
Thymus, Thyroid and Lymphatic Glands ................................................................................................................................ Peritoneum and Peritoneal Sac (N.B.-Pouch of Douglas) ...................................................................................................... Spleen .................................................................................................................................................................................... Stomach and Omenta (See Notes 3[ii] and 4[i]) .................................................................................................................... Intestines and Mesentery (See Notes 3[ii] and 4[i]) ................................................................................................................ Liver, Gall Bladder and Bile Ducts (See Notes 3[ii] and 4[i]) ..................................................................................................
l Bladder and Bile Ducts (See Notes 3[ii] and 4[i]) ..................................................................................................
Kidneys, Ureters, and Suprarenal Glands (See Notes 3[ii] and 4[i]):
Right .................................................................................................................................................................................... Left ...................................................................................................................................................................................... Urinary Bladder and Urethra (See Notes 3[ii] and 4[i]) .......................................................................................................... Pancreas ................................................................................................................................................................................ Generative Organs (See Note 6) ............................................................................................................................................ Spinal Column and Spinal Cord (See Note 7) ........................................................................................................................
and Spinal Cord (See Note 7) ........................................................................................................................
ADDITIONAL OBSERVATIONS
(Particular attention is drawn to the Notes on page 4 concerning the Transmission of Organs for Examination in suspected
poisoning)
.................................................................................................................................................................................................... Organs, Parts or Material reserved for further investigation, and how disposed of ................................................................ ....................................................................................................................................................................................................
......................................................................................................................................................
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NOTES
(1) The scheme as given here for the examination of a body is devised to meet the maximum requirements of any case. Although the following out of this scheme in every detail may not in every case be necessary, yet the examination of the
body and its organs should be, in all cases, as exhaustive as the circumstances warrant and the occasion permits. In every
case in which the question of accident, suicide or murder may arise it is essential for all the organs in all the cavities of the
body to be examined, even though an apparently sufficient cause of death has already been discovered. A Medical Officer
may be called upon to give considerably more information-arising from his examination of the body-than the mere cause of
death. In this respect a sketch of external injuries is often advisable. Any omission to examine a particular part or organ
may, by providing cause for uncertainty, seriously prejudice the course of justice; the responsibility for such an omission
must lie only with the Medical Officer who conducted the autopsy.
, seriously prejudice the course of justice; the responsibility for such an omission
must lie only with the Medical Officer who conducted the autopsy.
When there is definite suspicion as to the cause of
death, that cavity is to be opened first in which the principal changes are expected to exist. In the case of a new-born child,
when it has to be determined whether the child has breathed or not, the trachea should first be ligatured above the
sternum, the abdomen opened and the position of the diaphragm ascertained, and the thorax then opened and its organs
removed-after dividing the trachea above the ligature. In all other cases the head should be opened first, then the thorax,
and lastly the abdomen. In cases of undoubted accidental death where the head has not been injured, detailed
examination of the cranial contents may be left to the discretion of the examiner. When not carried out, a note to the effect
that there was no indication for such detailed examination should be inserted. Special attention should be paid to the thymus, adrenals, thyroid and lymphatic glands in cases of sudden death not
explained by other changes. (2) If the body be that of an unknown person, the colour of eyes and hair, number and condition of teeth,
deformities, scars, and tattoo marks should be noted as aids to subsequent identification.
the colour of eyes and hair, number and condition of teeth,
deformities, scars, and tattoo marks should be noted as aids to subsequent identification.
(3) (i) In cases of suspected irritant metallic poisoning the endocardium lining the left ventricle should be carefully
examined and the presence or absence of petechial or large haemorrhages noted. (ii) The entire stomach should be ligatured off at both ends, removed from the body, placed in a clean dish,
opened along its lesser curvature and a careful note made of its contents and the appearance of its inner
surfaces. Where circumstances might lead to a serious risk of contamination of the stomach contents and
there is a strong presumptive evidence of poisoning, the organs should not be opened. In all cases where
poisoning is suspected, the stomach and its contents should be transferred to a special wide-mouthed jar. In
such cases both kidneys and about 500 gms. liver should be removed and placed in another jar. See Note (4). Where poisoning is suspected, the intestines should, after removal of the stomach, be removed, slit open, washed out,
and the appearance of the mucous membrance, especially that of the rectum, then carefully examined and noted. The
presence or absence of solid faeces in the lower bowel should also be noted before the intestines are washed out.
en carefully examined and noted. The
presence or absence of solid faeces in the lower bowel should also be noted before the intestines are washed out.
It is not
necessary to forward the intestines to the analyst. In all cases of suspected poisoning any urine which the bladder may contain should be preserved. In other cases,
unless putrefaction be advanced, an examination of a sample of the urine may throw light on the cause of death. (4) It should be particularly noted that:
(i) All viscera specimens intended for toxicological analysis must be preserved in rectified (not methylated) spirit
and a specimen of the spirit used should be sent separately. When analysis for acute alcoholic poisoning is
requested, blood samples should be taken in specimen bottles obtainable from the Public Health Laboratory,
Lusaka. (ii) Except when a case summary is being forwarded by the Police, a brief history of the case should be submitted
in order to assist in deciding what types of poison are likely to be worth searching for. (5) Whenever the possibility exists of a charge arising out of the death, blood samples must be submitted, both on
absorbent paper and in acid-citrate-dextrose, in accordance with H.D. Circular No. 83 of 1957.
of the death, blood samples must be submitted, both on
absorbent paper and in acid-citrate-dextrose, in accordance with H.D. Circular No. 83 of 1957.
(6) When it is suspected that delivery has recently occurred at term, the breasts and the skin of the anterior abdominal
wall should be examined and their condition noted. In cases of suspected rape, or of violation of the dead, some of the
secretion should be removed from the vaginal fornices and smeared upon clean glass slides for subsequent examination. (7) In females where abortion is suspected, after a thorough vaginal examination, the pelvic organs should be removed
from the body in a mass, after ligaturing off the intestines, and the various organs dissected out one by one. To do this it is
advisable to remove all the tissues from the pelvis by cutting close to the bone. N.B.-The condition of the uterus and appendages, the presence or absence of products of conception, signs of recent
delivery, etc., should always be noted. (8) The spinal cord need only be exposed when positive information may be expected from its examination. Fracture
dislocation, especially in the upper cervical region, should always be examined for by manipulation; if detected it should be
investigated by dissection.
location, especially in the upper cervical region, should always be examined for by manipulation; if detected it should be
investigated by dissection.
(9 When individual organs are found enlarged or wasted, their actual weight should, if possible, be ascertained and
noted. (10) It may happen that a definite opinion as to the cause of death cannot be formed without a microscopic examination
of tissues. In such cases small pieces of organs should be placed in 20 volumes of 10% formol-saline and preserved for
further investigation. When death may possibly have resulted from anthrax, malaria, leukaemia, etc., blood-smears should
be made upon clean glass slides and preserved for microscopic examination.
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glass slides and preserved for microscopic examination.
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REPUBLIC OF ZAMBIA
THE INQUESTS ACT
CORONER'S FORM 4
(Sections 20 and 22)
RECORD OF EVIDENCE
In the Court of the Coroner for the
District of ....................................... Inquest No ................................................................................ Inquest on the body of ............................................................................................................................................................ Witness No. ............................................................................................................................................................................ Apparent Sex. ...................... apparent age ...................... .apparent race ............................................................................ Sworn/affirmed ........................................................................................................................................................................ Saith in the ............................................................................
............................................................ Saith in the ............................................................................
language:
My name is .............................................................................................................................................................................. My tribe is............................................................................. My village is .............................................................................. My chief is............................................................................ My district is .............................................................................. I am employed as .................................................................................................................................................................... I live at .................................................................................................................................................................................... I made a statement to at the investigation into the circumstances leading to the death of the person on whose body this
Court is now holding an inquest.
made a statement to at the investigation into the circumstances leading to the death of the person on whose body this
Court is now holding an inquest.
(NOTE.-The attached typescript marked "........................" is read to the witness.)
What has been read to me is a correct record of my statement. It is a true statement. There is nothing which I wish to
correct in it, and there is nothing which I can add to it *except as follows:
.................................................................................................................................................................................................... †........................................................................................Witness. †....................................................................................Interpreter. †........................................................................................Coroner. * Delete words in italics if inappropriate. †These signatures should be placed here or at the end of any continuation sheets as appropriate.
.Coroner. * Delete words in italics if inappropriate. †These signatures should be placed here or at the end of any continuation sheets as appropriate.
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REPUBLIC OF ZAMBIA
THE INQUESTS ACT
CORONER'S FORM 5
(Section 28)
THE INQUISITION
AN INQUISITION taken at .............................................................................................................................................. in the
district of. .................................................................................................................................................................. in Zambia
the .................... day of ..................... 19........ before ..............................................................................................................,
Esquire, Coroner, on the body of one ........................................................................................................................................ ....................................................................................................................................................................................................
......................................................................................................................................................
NOW I, the said Coroner, charged to inquire when, where, how and after what manner the said deceased person came
to his/her death say that the following particulars have been disclosed:
1. Name of deceased .................................................................................................................................................. 2. Residence and occupation .................................................................................................................................... 3. Means of identity .................................................................................................................................................... 4. Where found .......................................................................................................................................................... When .................................................................................................................................................................. Under what circumstances ................................................................................................................................ 5.
what circumstances ................................................................................................................................ 5.
Date of death .......................................................................................................................................................... 6. Cause of death. ...................................................................................................................................................... 7. Offence (if any) disclosed ...................................................................................................................................... AND I, the said Coroner, do say that my finding is that ........................................................................................................ .................................................................................................................................................................................................... In witness whereof I have to this inquisition set my hand this ................................................................................................ day of ....................................................... 19............ ......................................................................................
................................................ 19............ ......................................................................................
.................................................................................................... Station Coroner
(G.N. No. 207 of 1961 as amended by S.I. No. 72 of 1964)
............................................................................. Station Coroner
(G.N. No. 207 of 1961 as amended by S.I. No. 72 of 1964)
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SUBSIDIARY LEGISLATION
INQUESTS CAP. 36
SECTION 36-THE I NQUESTS (POST-M ORTEM AND W ITNESS F EES ) REGULATIONS
Regulations by the Chief Justice with the concurrence of the Minister responsible for
finance
Government Notices
13 of 1939
244 of 1955
244 of 1964
Statutory Instrument
368 of 1965
Act 13 of 1994
1. These Regulations may be cited as the Inquests (Post-Mortem and Witness
Fees) Regulations, and shall be deemed to have taken effect as from the commencement
of the Act. Title and
commencement
2. (1) A medical practitioner, other than a Government Medical Officer, carrying out
an external inspection by order of a coroner or police officer (but not otherwise) shall
receive a fee of one hundred and fifty eight fee units for the said inspection and such fee
shall include the completion of the prescribed report to the coroner, but if the said
practitioner is called upon to attend court to give evidence in relation to the said external
inspection, he shall be entitled to a further fee of sixty-three fee units.
led upon to attend court to give evidence in relation to the said external
inspection, he shall be entitled to a further fee of sixty-three fee units.
Fees of medical
practitioners
(2) A medical practitioner, other than a Government Medical Officer, carrying out a
complete post-mortem examination by order of a coroner or police officer (but not
otherwise) shall receive a fee of three hundred and fifteen fee units and such fee shall
include the completion of the prescribed report to the coroner, but if the said practitioner is
called upon to attend court to give evidence in relation to the said post-mortem
examination, he shall be entitled to a further fee of one hundred and twenty six fee units. (As amended by Act No. 368 of 1965 and No. 13 of 1994)
3. Any reasonable travelling expenses, to be assessed by the coroner, which have
been incurred by a medical practitioner, other than a Government Medical Officer, in
complying with any service ordered to be performed by him shall be payable to such
medical practitioner. (As amended by No. 244 of 1955 and No. 244 of 1964)
ing with any service ordered to be performed by him shall be payable to such
medical practitioner. (As amended by No. 244 of 1955 and No. 244 of 1964)
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4. It shall be lawful for the coroner to order and allow to all persons, other than a
Government Medical Officer, required to attend, or examined, as witnesses such sum or
sums of money as shall seem fit, as well for defraying the reasonable expenses of such
witnesses as for allowing them a reasonable compensation for their trouble and loss of
time. But it shall not be lawful for any person to refuse to attend as a witness or to give
evidence, when so required by lawful process, on the ground that his expenses have not
been first paid. (As amended by No. 244 of 1955 and No. 224 of 1964)
Allowance and
expenses of witnesses
SECTION 36-THE I NQUESTS (F EES FOR COPIES OF PROCEEDINGS ) REGULATIONS
Regulations by the Chief Justice with the concurrence of the Minister responsible for
finance
Government Notice
126 of 1963
Statutory Instrument
72 of 1964
Act
13 of 1994
1. These Regulations may be cited as the Inquests (Fees for Copies of
Proceedings) Regulations. Title
2.
tatutory Instrument
72 of 1964
Act
13 of 1994
1. These Regulations may be cited as the Inquests (Fees for Copies of
Proceedings) Regulations. Title
2.
Where a coroner or the Registrar of the High Court has granted an application
by any person for a copy of any part of the record of proceedings in an inquest, the
coroner or the Registrar shall certify the copy as a true copy and the applicant shall pay-
(a) two fee units for every one hundred words or part of one hundred words of
the copy supplied to him; and
(b) a fee of eight fee units in respect of the certification of the copy as a true
copy:
Fees for copies of
proceedings
Provided that the coroner or the Registrar may, on account of the poverty of the
applicant or for other good and sufficient reason, dispense with the payment of such fees
in part or in whole, filing a copy of his order of dispensation with the original record of
proceedings. (As amended by Act No. 13 of 1994)
3. Notwithstanding anything contained in the last preceding regulation, no fee shall
be payable under these Regulations by any person applying for a copy of any part of the
record of proceedings in an inquest on behalf of a Government department. No fee payable for
Government
department
4.
ng for a copy of any part of the
record of proceedings in an inquest on behalf of a Government department. No fee payable for
Government
department
4.
All fees hereby prescribed shall be paid by means of adhesive revenue stamps,
issued by the Government, which shall be affixed to the original record of proceedings. (As amended by S.I. No. 72 of 1964)
Fees to be paid by
means of revenue
stamps
5. The original record of proceedings shall be endorsed with the name of the
applicant and a statement of the part of the record of proceedings copied and supplied to
him. Endorsement of
original record of
proceedings
The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Endnotes
1 (Popup - Popup)
See section 56 of the Medical and Allied Professions Act (Cap. 245)Have questions about this law?
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