Coroner Inquests in Zimbabwe

The coronial law legislation in Zimbabwe is the Coroner’s Office Act [Chapter 7:21] (the Act). In terms of the Act, the Coroner – General is charged with the responsibility of conducting inquests.

What is an inquest?

The purpose of an inquest is to establish the identity of a deceased and to determine how, when, where and by what means the deceased person died. The Coroner – General and the Deputy Coroner – General are both charged with the responsibility of conducting inquests into the unnatural deaths which occur in their respect areas of jurisdiction. However, the Coroner – General and the Deputy Coroner – General have the autonomy to delegate the conduct of any inquest within his or her area of jurisdiction.

Procedure at a Coroner’s inquest in Zimbabwe

Inquests are generally conducted in public. However, in instances where there are compelling matters of national security, inquests may be held in private. Furthermore, inquests are presided over by a Coroner assisted by two assessors in an advisory capacity. The conduct of inquests under the Act are neither criminal nor civil proceedings. Resultantly, the usual rules of evidence applicable in court do not apply to inquest proceedings in Zimbabwe.

In terms of section 11(1)(b) of the Coroner’s Office Act [Chapter 7:21] a coroner in Zimbabwe may after a post mortem examination hold an inquest to determine:

• (a) Who the deceased was;
• (b) How they died;
• (c) When they died;
• (d) Where they died; and
• (e) How they died.

Inquests are inquisitorial in nature and are generally regarded as a quasi – judicial fact – finding exercise. Thus, inquests are meant to be conducted fairly and thoroughly allowing for the taking and consideration of all relevant facts relating to death. This means that, a Coroner has an obligation to hear any person who wishes to give evidence at an inquest.

At the conclusion of an inquest, the Coroner is required by law to furnish his or her findings at the conclusion of an inquest in the form of a report within three (3) months. The coroner’s report will generally be availed to: (a) a member of the immediate family deceased person; (b) any person with sufficient and legitimate interest in the inquest who appeared at the inquest.