Todd v Magistrate: Clanwilliam and Others

Ms Theresa Wampach-Todd died on 14 January 2016 after falling from a cliff in the Cederberg Mountains while hiking with her husband, the appellant, Mr Sean David Todd, who was the only eyewitness. Following a police investigation, the Director of Public Prosecutions (DPP) requested that a public inquest be held with oral evidence in terms of the Inquests Act 58 of 1959. Despite this request and a prior decision by another magistrate, the Clanwilliam magistrate decided to conduct the inquest solely on the written statements in the police docket. Without hearing oral evidence, the magistrate found in terms of s 16(2)(d) of the Act that the deceased’s death was prima facie caused by an act or omission amounting to an offence by Mr Todd. Mr Todd sought review of this finding in the High Court, which dismissed the application. He then appealed to the Supreme Court of Appeal.

The appeal was upheld. The High Court’s order was set aside. The inquest proceedings and the magistrate’s finding under s 16(2)(d) of the Inquests Act were reviewed and set aside. The matter was remitted to the Magistrates’ Court, Clanwilliam, for the appointment of another judicial officer to hold a public inquest and hear oral evidence. No order as to costs was made.

The case clarifies that inquest proceedings are subject to constitutional review under the principle of legality and not administrative-law review under PAJA. It reaffirms the default requirement that inquests be held publicly with oral evidence, especially where disputed facts and potential criminal liability arise. The judgment strengthens procedural fairness in inquests and underscores the binding nature of a DPP request under s 8(1) of the Inquests Act.