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