South Africa Case Law

S v Monamotsane (R264/2018)

S v Monamotsane (R264/2018) [2019] ZAFSHC 61 (30 May 2019)

Court

Free State High Court, Bloemfontein

Case number

R264/2018

Judges

Molitsoane, Chesiwe

The Magistrate failed to make the required findings under section 77(6)(a) of the Criminal Procedure Act, specifically regarding the accused's capacity to understand proceedings and whether he committed the act in question. The order for detention at Grootvlei Correctional Facility was made without establishing that the accused posed a serious danger to himself or the public, as required by law. These failures constituted gross irregularities, rendering the proceedings not in accordance with justice. The High Court, exercising its review powers, set aside the Magistrate's order and directed t…

Source excerpt

• Criminal Procedure Act
• Mental Health Care Act
• Automatic Review
• Irregularity In Proceedings
• Detention Of State Patient

S v Makapela (CA & R 29/10)

S v Makapela (CA & R 29/10) [2010] ZAECBHC 14 (15 September 2010)

Court

Eastern Cape High Court, Bhisho

Case number

CA & R 29/10

Judges

LD Kemp, Y Ebrahim

On special review, the High Court corrected a magistrate’s mistaken order and set aside findings made under section 77 of the Criminal Procedure Act.

• Criminal Procedure Act
• Mental Health Care Act
• Fitness To Stand Trial
• Detention Of State Patient
• Criminal-procedure
• Special-review