S v Mashinini (A394/16) [2016] ZAGPPHC 449 (14 June 2016)

S v Mashinini (A394/16) [2016] ZAGPPHC 449 (14 June 2016)

The High Court found that the Magistrate committed a gross irregularity by declaring the accused a state patient under section 47 of the Mental Health Care Act for an offence not involving serious violence. The correct procedure, as set out in section 77(6)(a) of the Criminal Procedure Act and section 37 of the Mental Health Care Act, requires that the accused be admitted and detained as an involuntary mental healthcare user, not as a state patient. The Magistrate's order was therefore set aside and substituted with the appropriate order for the accused's detention at Sterkfontein Hospital until further lawful order.

Citation
[2016] ZAGPPHC 449
Parties
Applicant: The State; Respondent: Goodman Mashinini
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 June 2016
Case Number
A394/16
Procedural Posture
Special Review / High Court Special Review of Magistrate's Order
Outcome
Magistrate's order set aside and substituted with an order for admission and detention of the accused as an involuntary mental healthcare user.
Judges
S. Potterill, C. J. van der Westhuizen
Legal Topics
Mental Healthcare Act, Criminal Procedure Act Section 77, Gross Irregularity, State Patient Declaration
Criminal Law Civil Procedure Mental Healthcare Act Criminal Procedure Act Section 77 Gross Irregularity State Patient Declaration

Case Brief

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Parties

The State

Applicant

Goodman Mashinini

Respondent

Procedural Posture

Special Review / High Court Special Review of Magistrate's Order

Legal Issues

  1. 1 Whether the Magistrate committed a gross irregularity by declaring the accused a state patient under section 47 of the Mental Health Care Act for an offence not involving serious violence.
  2. 2 Whether the correct procedure under section 77(6)(a) of the Criminal Procedure Act was followed regarding the accused's fitness to stand trial and criminal responsibility.
  3. 3 What is the appropriate order regarding the accused's detention and treatment.

Ratio Decidendi

The High Court found that the Magistrate committed a gross irregularity by declaring the accused a state patient under section 47 of the Mental Health Care Act for an offence not involving serious violence. The correct procedure, as set out in section 77(6)(a) of the Criminal Procedure Act and section 37 of the Mental Health Care Act, requires that the accused be admitted and detained as an involuntary mental healthcare user, not as a state patient. The Magistrate's order was therefore set aside and substituted with the appropriate order for the accused's detention at Sterkfontein Hospital until further lawful order.

Court Disposition

Magistrate's order set aside and substituted with an order for admission and detention of the accused as an involuntary mental healthcare user.

Orders

  • The Magistrate's order dated 5 November 2014 as recorded on the J15 and MC20 is set aside.
  • The order is substituted with an order that the accused committed an offence other than one contemplated in section 77(6)(a)(i) of the Criminal Procedure Act and that the accused is to be admitted and detained at Sterkfontein Hospital as if he was an involuntary mental healthcare user in terms of section 37 of the...