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South Africa decisions
Decisions matching the current search
S v Manyosha (CA&R74/2024) [2024] ZAECMHC 75 (12 September 2024)
High Court review set aside an irregular “Not Guilty” finding after a section 77 enquiry, holding the accused was not entitled to that verdict.
S v Mashinini (A394/16) [2016] ZAGPPHC 449 (14 June 2016)
High Court review setting aside a magistrate’s state-patient order and substituting detention under the Mental Health Care Act.
S v Diniso (A3970/14) [2015] ZAECBHC 39 (11 September 2015)
High Court review set aside magistrate’s mental-health proceedings for failing to make a required finding that the accused committed the act alleged.
S v Maphuko (A180/15) [2015] ZAECBHC 17 (30 June 2015)
The High Court set aside a magistrate’s mental-observation proceedings because the panel was not properly constituted under section 79(1)(b) of the CPA.
In the matter of Young (1801/15) [2015] ZAKZPHC 12; 2016 (1) SACR 399 (KZP) (3 March 2015)
High Court review of a magistrate’s referral under section 77(6) of the Criminal Procedure Act in a mental-health matter was set aside for procedural non-compliance.
S v Ladodana (27/2014) [2014] ZAGPJHC 110 (30 April 2014)
High Court review of a magistrate’s court mental-capacity matter. The conviction was set aside because the accused had not pleaded and the wrong CPA procedure was used.
S v Dewhurst (53/10) [2011] ZAECPEHC 54; 2012 (1) SACR 627 (ECP) (22 November 2011)
High Court review set aside a magistrate’s detention order after finding no evidence had been placed before court to determine whether the accused committed the act.
S v Zondi (AR 1049/09) [2011] ZAKZPHC 58; 2012 (2) SACR 445 (KZP) (30 September 2011)
The magistrate's order detaining the accused as a state patient under section 77(6) of the Criminal Procedure Act was made without sufficient evidentiary basis. The magistrate relied on his own observations and misread the psychiatric report, which did not support a finding of mental illness or incapacity to stand trial. Dr Dunn's report indicated the accused was lucid and able to follow proceedings, and Dr Dunn was not called to testify despite the accused disputing the report. The magistrate's conduct constituted a gross irregularity, and the order cannot stand. There is no statutory obliga…
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S v Vithi (CA&R5/09) [2009] ZAECBHC 6 (13 July 2009)
High Court review of a murder-related fitness-to-stand-trial finding. The magistrate’s section 77 orders were set aside, and detention pending a judge’s decision was ordered.
S v Ramokoka (94/06) [2006] ZAGPHC 37; 2006 (2) SACR 57 (W) (25 April 2006)
The High Court set aside a magistrate’s detention order under section 77(6) of the Criminal Procedure Act for non-compliance with statutory psychiatric-report requirements.
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