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officially performed post-mortem. In the cetie of
Hell Aggett, the post-mortem was started prior to
the arrival of the private pathologist.
The aim of the post-mortem examination la to
establish precisely the causa of death. The post"
mortem examination consists of the following
procedures i
1) Identification of the body;
2) Secondary post-mortem changes;
3) External appearance of the body and condition of
the llmbe;
4) Examination of the head and neck and organs;
5) Examination of the chest and organs;
6) Examination of the abdomen and organs;
7) Examination of the spina;
8) Additional observations;
9) Specimens. •
All the observations of the pathologist are entered
into Form (Health) 1, titled 'Report on a medico­
legal postHsortem examination', which is completed
under the auspices of the Department of Health. This
form concludes with an observation as to the cous*
of death.
It Is important +o note, however, that the whole
examination is still subject to the personal
Interpretation of the examiner. The pathologist is
In a position to note or overlook certain findings and
to take or ignore certain specimen*. At the inquwst
of Jamms Lenkoe, evidence of electric shock treatment
and traces of copper war* found by a private
pathologist. The atate pathologists were unlikely
to have taken such specimens.
Thus, while the inquest post-mortem has the sir
of cold, objective, scientific enquiry. It is
nevertheless open to personal opinion, personal bias,
end in some cases, polltlcel objectives. Even the
scientific basis of many of the conclusions are open
to discussion - the Blko inquest contained hours o f
discussion over how, exactly, certain Injuries might
have bean sustained. The pethologlst is in a very
powerful position of being expected to atate with
euthorlty what was the cause of death* In many cases,
pathologists refuse to commit themselves by stating
•
a particular event likely to have caused death. In
other inquests, the testimony of doctors has given
important insights into the methods of interrogation
used by security police, end the resultant deaths of
detainees.
The evidence presented by government pathologists
is highly regarded by inquest magistrates. Solomon
modipane died on 28 February, T9G9. A police
spokesmen announced thet the detainee had received
certain injuries when ha had slipped on a bar of
soap. The district surgeon announced thet he was
unable to determine the cause of deeth; the magistrate
used this information to state that it was a
•natural death* and that no inquest was necessary.
The pathologist may be unwilling to speculate
es to how injuries may have been caused. Imam
Abdullah Hsron died on September 27. 1969, In the
Maltland police cells. The minister of police told
the press that ha had died of natural causes,
heving fallen down stairs- 26 bruises of varying
agas were identified on the front, side and back
of his body. The pathologist stated thet the cause
of death was heart trouble related to injuries
sustained in the fall. Ha could not or was not
willing to say how the other injuries had been caused.
Interestingly, although the magistrate attached no
blame to any person, the state paid Mrs Heron
R5 000 In an out-of-court settlement.
The evidence provided by doctors may also be
significant in implicating tha security police and
their interrogation methods. James Lenkoe was
found hanging in his prison call in Pretoria. The
prison surgeon found that death was due to hanging.
The family of Lenkoe lnalstad on another post*
mortmw being conducted by en independent pathologist.
At the inquest, counsel for the widow presented medical
evidence that indicated that Lenkoe had been given
an electric shock on the day he died. Three
pathologists testified that there wee a mark on hie
body thet was consistent with a very recent electric
burn. The verdict in the Inquest was 'eelf-inflicted
hanging*.
In summary, tha Inquest Act allows for post-ewrtem
examinations to take place. These af* conducted by
stete pethologiets, except where the magistrate haa
allowed private pathologists to attend tha
examination. The post-mortem Itself is subjective
in tanas of what tissues are examined and what
specimens taken; the observations tcx> may ba
contested as to their signiflcanca. Doctors Involved
In providing evidence et inquests may ba of asslstanca
to the family or 'prosecution*; somwtimas this is
intentional. The objectivity of the poet-mortem
findings is itself e myth.
Illustrations from pest Inquests
1. Hussein Haffajeo
Hsffejee, a 26 year old Durban dentist, died on 2
August, 1976, which was tha first night of his
detention. The inquest into his death eas only held
in 1976.
Security police testified that Heffejea was
detained et e specielly erected police block. Police
had previously entered hie flat, photocopied items
there, end then left the premises as If undisturbed.
After being detained, police drova Hsffejee around
Durban, and according to security police he put up
a struggle and fought with them a nusber of times^
es if trying to escape. Police claimed that these
tussles ware the causa of bruises found on the
detainees body, and denied thet they ware the reeult
of 'excessive interrogation'. Tha chief etata
pathologist and an International for*nelc export
both agreed thet the 40-50 bruises on the body were
not the causa of death. The representative, of the
public prosecutor accordingly argued that Heffejea
had killed himself by hanging.
The public prosecutor applied to lead documentary
evidence to lndicata a motive for suicide. These
Involved notee In his handwriting on hoe to woke
exploelveet manuals 'for organising tarrorism',
and other books. He even wanted to call e police
exploalvas expert to testify that bombs found in a
building were tha same aa thosa described by hoffejea
in his notes.
Counsel for the Hsffejee family opposed tha