scholarly journals South African and international legislature with relevance to the application of electronic documentation in medicolegal autopsies for practice and research purposes

2022 ◽  
Vol 12 (1) ◽  
Author(s):  
Salona Prahladh ◽  
Jacqueline Van Wyk

Abstract Background Forensic and legal medicine requires all documentation to be recorded in a manner that is admissible in court. Issues surrounding privacy, confidentiality, and security mar the implementation of electronic document systems in medicine. Awareness of current legislature governing record keeping and electronic documentation especially in modern medicine and forensic medicine has not been sufficiently explored. This study explored the current South African and international laws that govern admissibility of evidence, especially relating to electronic evidence, for use in court and research, Findings Egypt, UK, Canada and the USA have similar legislation to South Africa regarding admissibility of electronic records. The South African Electronic Communications and Transactions Act no. 25 of 2002 defines data and the Criminal Procedure Act 51 of 1977 further defines the admissibility of evidence in court and the National Health Act regulates publication of deceased information after death. Conclusions Forensic medicine requires all documentation to be admissible in court and the storage of data thus requires proper custodianship and a high level of security, which can be achieved with modern technology. Modern medicine is evolving and technology can create secure and efficient methods of record keeping which will benefit forensic and legal medicine. Knowledge of the laws regarding admissibility of evidence can assist in creating electronic evidence that is permitted in court and can be used for research.

Author(s):  
Lee Swales

The purpose of this two-part article is to examine the regulatory environment governing hearsay electronic evidence in South Africa with a view to suggesting law reform in the light of the most recent proposals put forward by the South African Law Reform Commission. Part one considered the definition of data messages in the context of hearsay electronic evidence and concluded that amendment is required (as suggested by the South African Law Reform Commission). Further, part one sought to answer two additional queries posed in Discussion Paper 131 Review of the Law of Evidence in relation to electronic hearsay, ultimately finding that a data message can constitute hearsay within the meaning of the applicable legislation; further, that South African law must distinguish between data messages produced substantially by a computer or mechanical process and those that rely substantially on the credibility of a person. Part two of this article will review the statutory exceptions to the hearsay rules applicable to electronic evidence, including the controversial section 15(4) of the Electronic Communications and Transactions Act 25 of 2002. Further, part two will analyse the situation in selected foreign jurisdictions where hearsay electronic evidence has had more time to mature and develop (United Kingdom, Canada and United States) with a view to incorporating suggestions that South Africa can implement. Finally, this article will conclude by providing suggestions for law reform in the context of the recommendations put forward by the South African Law Reform Commission, and will suggest that that there must be law reform in at least the following areas: the definition of data messages; the definition of the term document in the statutes applicable to the hearsay exceptions; a distinction between types of electronic evidence insofar as computer-generated evidence with human intervention, and without human intervention is concerned; and more cohesion and alignment with the statutory hearsay exceptions.


1969 ◽  
Vol 08 (03) ◽  
pp. 120-127 ◽  
Author(s):  
P. R. Amlinger

Routine transmission of electrocardiograms and their computer interpretation via long-distance telephone lines has been proven feasible in the Automated Electrocardiogram Project of the Missouri Regional Medical Program. Though this Pilot Project — the first on a state-wide basis — is still viewed as an applied research effort rather than a service, such biotelemetry is rapidly gaining acceptance as a medium to bring modern medicine, through modern technology, to urban and remote rural areas as well, where it is most needed.The computer executes all the wave measuraments and calculations with incredible speed. It takes over a most boring, repetitive part of the physician’s work. However, it can only follow the instructions of the diagnostic program, compiled by expert cardiologists. Thus, it is an ever-ready, never-tiring servant for the physician and his patients.


1994 ◽  
Vol 21 (1) ◽  
pp. 189-213
Author(s):  
Michael P. Schoderbek

This paper examines the early accounting practices that were used to administer the United States' national land system. These practices are of significance because they provide insights on early governmental accounting and they facilitated an orderly settlement of the western territories. The analysis focuses on the record-keeping and control practices that were developed to meet the provisions of the Land Act of 1800 and to account for land office transactions. These accounting procedures were extracted from the correspondence between the Department of the Treasury and the various land officers.


1992 ◽  
Vol 22 (3) ◽  
pp. 105-116 ◽  
Author(s):  
David Edwards

This is the first of two papers on the potential contribution of health psychology to alleviating the problem of hypertension in South Africa. Educational, cognitive and behavioural strategies that can be employed as an adjunct to, or in place of, medication include: improving patients’ adherence to treatment regimens; educating and training in weight reduction, smoking cessation; healthy dietary and exercise habits; and a range of cognitive and behavioural stress management techniques. Research is reviewed, mostly from Europe and the USA, evaluating the effectiveness of these strategies, and their current status relative to the use of medication is examined.


1903 ◽  
Vol 49 (204) ◽  
pp. 166-167
Author(s):  
W. Carolen

The State Secretary for the Department of Instruction has to some extent been an agent in the progress of mental science by rendering compulsory for students of forensic medicine a course of lunacy in an asylum extending over two months. By an unfortunate imitation of the Italian system, which in a single chain unites subjects of so diverse a character as toxicology, legal medicine, and mental diseases, the best method of freniatric teaching is not obtained. In Spain, a physician at the end of his career knows nothing at all of mental infirmities and affections. The action of the State Secretary is the more surprising when one remembers his order founding and establishing separate and compulsory chairs, both clinical and theoretical, of dermatology, otology, and ophthalmology. Alienists in Spain are disappointed, and regret that so incomplete a step should have been taken in so important a matter, for physicians at present look either dumb or foolish at court when cases of criminal responsibility, civil incapacity, etc., are being tried.


2017 ◽  
Vol 113 (11/12) ◽  
Author(s):  
Xolani Makhoba ◽  
Anastassios Pouris

Nanotechnology is a fast-growing scientific research area internationally and is classified as an important emerging research area. In response to this importance, South African researchers and institutions have also increased their efforts in this area. A bibliometric study of articles as indexed in the Web of Science considered the development in this field with respect to the growth in literature, collaboration profile and the research areas that are more within the country’s context. We also looked at public institutions that are more active in this arena, including government policy considerations as guided by the National Nanotechnology Strategy launched in 2005. We found that the number of nanotechnology publications have shown a remarkable growth ever since the launch of the strategy. Articles on nanotechnology have been published in numerous journals, with Electrochimica Acta publishing the most, followed by Journal of Nanoscience and Nanotechnology. These publications fall within the traditional domains of chemistry and physics. In terms of the institutional profile and based on publication outputs over the period reviewed, the Council for Scientific and Industrial Research is a leading producer of publications in nanotechnology, followed by the University of the Witwatersrand – institutions that are both based in the Gauteng Province. There is a high level of international collaboration with different countries within this field – the most productive collaboration is with India, followed by the USA and China, as measured through co-authorship.


2016 ◽  
Vol 9 (3) ◽  
pp. 651-666 ◽  
Author(s):  
Johannes Van der Merwe ◽  
Philippus Cloete ◽  
Herman Van Schalkwyk

This article investigates the competitiveness of the South African wheat industry and compares it to its major trade partners. Since 1997, the wheat-to-bread value chain has been characterised by concentration of ownership and regulation. This led to concerns that the local wheat market is losing international competitiveness. The competitive status of the wheat industry, and its sub-sectors, is determined through the estimation of the relative trade advantage (RTA). The results revealed declining competitiveness of local wheat producers. Compared to the major global wheat producers, such as Argentina, Australia, Brazil, Canada, Germany and the USA, South Africa’s unprocessed wheat industry is uncompetitive. At the same time, South Africa has a competitive advantage in semi-processed wheat, especially wheat flour. The institutional environment enables the importation of raw wheat at lower prices and exports processed wheat flour competitively to the rest of Africa.


1996 ◽  
Vol 22 (1) ◽  
Author(s):  
G. K. Huysamen

In an earlier article, the psychometrics of various fair selection models that had been proposed in the United States of America in the late 1960s, early 1970s were presented. The purpose of the present article is to discuss the subsequent history of the application of these models in personnel selection in that country and to view its implications for the South African situation. Because the question of fair selection models ties in with the issue of affirmative action, a brief history of this issue as it pertains to personnel selection is also given. Key decisions of the American Supreme Court that have a bearing on this matter are also reviewed. The failure to widely apply these fair selection models may be attributed to the prevalent socio-political context which favours the preferential treatment of certain groups but is hesitant to specify the particulars and limits of such treatment. Opsomming 'n Vorige artikel het die psigometi-ika onderliggend aan verskeie billike keuringsmodelle wat in die laat sestigerjare, vroee sewentigerjare in die Verenigde State van Amerika voorgestel is, behandel. Die doel met die onderhawige artikel is om 'n oorsig te verskaf van die daaropvolgende geskiedenis van die toepassing van daardie modelle in personeelkeuring in daardie land, en om die implikasies daarvan vir die Suid-Afrikaanse situasie te belig. Omdat die aangeleentheid van billike keuringsmodelle verband hou met die kwessie van regstellende aksie, word 'n bondige geskiedenis van hierdie kwessie soos dit op personeelkeuring van toepassing is, ook verskaf. Sleutel-uitsprake van die Amerikaanse Hooggeregshof wat betrekking het op hierdie aangeleentheid word ook beskou. Die beperkte toepassing van hierdie billike keuringsmodelle kan toegeskryf word aan die heersende sosio-politieke konteks wat die voorkeurbehandeling van bepaalde groepe voorstaan, maar wat huiwerig is om die besonderhede en perke van sodanige behandeling te spesifiseer.


Author(s):  
CK Foo

Today we are witnessing a significant rise in chronic diseases and chronic pain. Modern medicine appears not to be sufficient to relieve symptoms and reduce or eliminate discomfort. The following proffers the need to look at alternate strategies. In particular, it suggests that a solution might lie if we combine modern technology with ancient wisdom and traditional approaches. This chapter serves to highlight strategies for prudent pain management. “Pain is not just from physical disorders but also from combinations of physiological, pathological, emotional, psychological, cognitive, environmental, and social factors. The keys to successful pain control are the mechanisms that initiate and maintain pain.” “Now, the public and health professionals expect to control pain by using preventive and active strategies, including drugs and physical and psychosocial interventions.” (Holdcroft & Power, 2003).


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