Missing Persons – Current Tendencies

Journal of Contemporary Roman-Dutch Law, Vol. 81, p. 218-238, 2018

21 Pages Posted: 23 Dec 2018

See all articles by Linda Schoeman-Malan

Linda Schoeman-Malan

University of Pretoria - Faculty of Law

Date Written: May 4, 2018


This contribution provides an overview of the historical background to presumptions related to both “life and death” of absentees. The position in South Africa is compared with statutory developments in England where legislation was adopted in 2013 incorporating clear procedures for the regulation of a situation where persons go missing. The possible problems which interested parties might face when a loved-one goes missing are discussed with reference to South African and English case law. In conclusion, the questions whether the time has come for South Africa to consider statutory intervention in this regard, and whether such intervention will contribute to legal certainty, are considered.

Keywords: missing persons, presumptions, statutory regulation

Suggested Citation

Schoeman-Malan, Linda, Missing Persons – Current Tendencies (May 4, 2018). Journal of Contemporary Roman-Dutch Law, Vol. 81, p. 218-238, 2018, Available at SSRN: https://ssrn.com/abstract=3295630

Linda Schoeman-Malan (Contact Author)

University of Pretoria - Faculty of Law ( email )

Lynnwood Road
Pretoria, 5100
South Africa

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