The role of the minimally invasive forensic autopsy in South Africa: a legal perspective.

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will inevitably require a review of current legislation, especially the Inquests Act 58 of 1959 which is arguably outdated.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.