Related documents
- Is amended by International Co-operation in Criminal Matters Act, 2000
- Is commenced by Commencement of the Inquest Act, 1993
Inquests Act, 1993
Act 6 of 1993
- Published in Government Gazette 688 on 19 August 1993
- Assented to on 23 July 1993
- Commenced on 1 January 1994 by Commencement of the Inquest Act, 1993
- [This is the version of this document from 15 September 2001 and includes any amendments published up to 22 March 2024.]
- [Amended by International Co-operation in Criminal Matters Act, 2000 (Act 9 of 2000) on 15 September 2001]
1. Definitions
In this Act, unless the context otherwise indicates -“incident”, in relation to the death of a person, means any occurrence during which an injury was sustained or any other event occurred which gave rise to the death;“judicial officer” means a judge of the High Court of Namibia, a regional magistrate or a magistrate;“magistrate” includes an additional magistrate and an assistant magistrate, but not a regional magistrate;“member of the police” means a member of the Namibian Police Force;“Minister” means the Minister of Justice;“Permanent Secretary” means the Permanent Secretary: Justice;“public prosecutor” means a public prosecutor attached to the magistrate’s court of the district in which an inquest is held or to be held under this Act;“regional magistrate” means a magistrate appointed under section 9 of the Magistrates’ Courts Act, 1944 (Act 32 of 1944), to the court for a regional division; and“this Act” includes regulations made under section 25.2. Duty to report unnatural deaths
3. Investigation of circumstances of certain deaths
Subject to the provisions of any other law providing for the investigation of the circumstances of the death of persons, any member of the police who has reason to believe that a person has died an unnatural death, shall -4. Post-mortem examination
5. Report to public prosecutor
A member of the police who investigates the circumstances of a person’s death or alleged death, shall submit a report thereon, together with all relevant statements, documents and information, to the public prosecutor, who may, if he or she considers it necessary, call for additional information regarding the death.6. When inquest to be held
7. Judicial officer who is to hold inquest
8. Two or more deaths which are connected
9. Notice of inquest to be given
10. Witnesses and evidence at inquests
11. Assessors at inquests
12. When inquest to be held in public
13. Examination of witnesses
14. Adjournment of inquest and continuation by different judicial officer
15. Admissibility of statements and interrogatories
16. Copies of records of inquiries
A document purporting to be a copy of the record of an inquiry referred to in section 26(1), and purporting to be certified as a true copy of such record by a person describing himself or herself as the holder of a public office, shall, if it is produced at an inquest held in respect of the death which was the subject of such inquiry, at the discretion of the judicial officer holding the inquest, be admissible in evidence at the inquest.17. Taking evidence on commission
18. Finding
19. Submission of record to Prosecutor-General
Upon the close of an inquest the judicial officer who held the inquest shall -20. Re-opening of inquest
21. Certain findings on review equivalent to order presuming death
22. Inquest records
The record of an inquest which has been submitted -23. Offences
24. Inquest not to prevent institution of criminal proceedings
25. Regulations
The Minister may make regulations prescribing forms to be used for the purposes of this Act and generally for the better carrying out of the objects and purposes of this Act.26. Application of Act in relation to other laws
27. Repeal of laws and savings
28. Short title and commencement
This Act shall be called the Inquests Act, 1993 and shall come into operation on such day as the Minister may appoint by notice in the Gazette.History of this document
15 September 2001 this version
01 January 1994
Commenced by
Commencement of the Inquest Act, 1993
19 August 1993
23 July 1993
Assented to
Cited documents 3
Legislation 3
Documents citing this one 19
Gazette 10
- Namibia Government Gazette dated 1993-08-19 number 688
- Namibia Government Gazette dated 1993-12-07 number 756
- Namibia Government Gazette dated 1993-12-20 number 768
- Namibia Government Gazette dated 1997-08-01 number 1617
- Namibia Government Gazette dated 1998-06-22 number 1894
- Namibia Government Gazette dated 2000-05-11 number 2327
- Namibia Government Gazette dated 2004-07-30 number 3251
- Namibia Government Gazette dated 2012-08-07 number 5008
- Namibia Government Gazette dated 2016-06-24 number 6047
- Namibia Government Gazette dated 2017-10-27 number 6451
Judgment 3
- In re: Outjo Inquest 30 of 2012 In re: Outjo Inquest 48 of 2012 (CRIMINAL 2 of 2013) [2013] NAHCMD 1 (7 January 2013)
- Sheehama and Others v Mahali NO and Another (APPEAL 93 of 2006) [2006] NAHCMD 372 (26 June 2006)
- Sheehama v Inspector-General of Namibian Police (PA 284 of 2005) [2005] NAHC 34 (5 October 2005)