Maluka v S (A197/2013)
Maluka v S (A197/2013) [2014] ZAGPPHC 862; 2015 (2) SACR 273 (GP) (31 October 2014)
The Full Bench held that while the Criminal Procedure Act does not provide for an automatic review of orders made under Section 78(6)(a)(ii)(aa), the deprivation of liberty resulting from such orders is significant and potentially indefinite. The absence of an automatic review mechanism creates a risk of serious prejudice, particularly for vulnerable and indigent individuals who may lack the means to challenge such orders. Although the High Court possesses broad review powers, reliance on appeals or applications under the Mental Health Care Act is insufficient to safeguard the rights of those…
Source excerpt
- Mental Illness And Criminal Responsibility
- Automatic Review Mechanism
- Deprivation Of Liberty
- Constitutional Rights
- Magistrates Court Orders