Coroner System in Zimbabwe

The coroner system is relatively new in Zimbabwe although it is a system of great antiquity. The promulgation of the Coroner’s Office Act [Chapter 7:21] on the 06 th March 2020 established the first Coroner’s Office in Zimbabwe whose mandate is to conduct independent and impartial investigations into unnatural deaths.

The Coroner’s Office Act [Chapter 7:21] came into operation in Zimbabwe on the 05 th September 2024 after the President issued the Date of Commencement: Coroner’s Office Act [Chapter 7:21] (No. 12 of 2019) through Statutory Instrument 152 of 2024.

The coroner system in Zimbabwe is administered and regulated by a Coroner – General and Deputy Coroner – General appointed by the President based on their qualifications, knowledge and experience in forensic pathology, forensic science and or medical jurisprudence.

What is the role of a coroner in Zimbabwe?

A coroner is an official who is charged with a duty to carry out independent and impartial fact- finding investigation on behalf of the State, in the public interests the investigative causes of unnatural deaths. Although the obligation of a coroner is primarily directed to the public interest, his or her involvement as an official charged with the responsibility to investigate causes and circumstances of unnatural deaths also involves a representation of private interests. see Re Ketchner & Another [2020] NICA 31.

The truth concerning a person’s death is important to the immediate family, friends and society. It is for this reason that an inquest is a fact – finding exercise. It is not a method of apportioning guilt. The role of a coroner in Zimbabwe is therefore to perform an inquisitorial process to seek out and record as many of the facts concerning any unnatural death in the country. see R v South London Coroner, Ex Parte Thompson (1982) 126 SJ 625.

The scope of the coroner’s inquiry and findings is to: ascertain the identity of the deceased and determine how, when, where and by way means he or she died and to inform the public of the circumstances surrounding a death and bring dangerous practises or conditions to light, as well as to facilitate the making of recommendations to avoid preventable death or a death occurred in a place or circumstances where any law requires an inquest.

What is an unnatural death?

In terms of section 2 of the Coroner’s Office Act [Chapter 7:21] a natural death is normally attributed to an illness or an internal malfunction of the body not directly influenced by external forces. This is also known as death due to natural causes.

On the other hand, an unnatural death normally not a natural death and is general one that comes about or appears to come about in a sudden, suspicious or violent manner. Resultantly, a coroner in Zimbabwe has a duty to investigate any unnatural deaths, including but not limited to homicides, infanticides, drownings, suicides.

In S v McGown 1995 (1) ZLR 4 (H), the court held that ‘table deaths’ in Zimbabwe are to be regarded as unnatural causes and as such they are unnatural deaths. In the same spirit, section 4 of the Coroner’s Office Act [Chapter 7:21] envisages unnatural deaths as being any death occurring:

• (a) during a surgical operation;
• (b) within 24 hours of admission into a heath institution; and
• (c) while a person is in or is being escorted to a police cell, prison, heath institution or other place of custody.