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[2016] ZAGPPHC 359
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In re: Inquest No 33/2015 Deceased Dr Hashim Ebrahim (33/2015) [2016] ZAGPPHC 359 (23 May 2016)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
23/5/2016
A308/2016
HIGH
COURT REFERENCE NO:
149/16
MAGISTRATE'S
COURT CASE NO:
33/2015
JUDGE'S
CHAMBERS
NORTH
GAUTENG HIGH COURT
Reportable:
No
Of
interest to other judges: No
Revised.
IN
re: Inquest No 33/2015: Deceased Dr Hashim Ebrahim
SPECIAL REVIEW
JUDGMENT
BASSON,
J
1.
Request for a special review: This was a request
for a special review of the informal inquest findings of suicide
handed down by
Magistrate Mr P Louwrens on 20 April 2016.
2.
In arriving at a conclusion, the Magistrate
considered the statements of,
inter alia,
the
neighbour (who was at the scene), the paramedic (who arrived at the
scene whilst the deceased was still alive), the statements
by members
of the South African Police Services and the statement of Dr van der
Nest (who conducted the post-mortem) and SMS messages.
The Magistrate
concluded that no one was responsible for the death of the deceased
and that the cause of his death was suicide.
3.
On behalf of the parents of the deceased it was
submitted that an irregularity had occurred during the proceedings
and that further
affidavits and documents were not taken into account
in arriving at a conclusion. The parents of the deceased maintained
that the
deceased was murdered.
4.
After receipt of the findings, the parents of the
deceased requested a special review of the inquest findings in this
matter.
5.
I have considered the record of the proceedings
and I am satisfied that the Presiding Magistrate correctly came to
the conclusion
that the cause of death of the deceased was suicide. I
am further not persuaded that the Presiding Magistrate had excluded
material
affidavits and documentary evidence in arriving at a
conclusion. It is clear from the record that the Magistrate did in
fact consider
those documents but have decided that they are
irrelevant.
6.
In the premises I make the following order:
The request of a special
review is dismissed.
___________________
AC Basson
Judge
of the High Court
I
concur and it is so ordered:
__________________
CJ
Van der Westhuizen
Acting
- Judge of the High Court