South Africa Case Law

Van Veen v Director of Public Prosecutions and Others (104/2024)

Van Veen v Director of Public Prosecutions and Others (104/2024) [2025] ZASCA 46; [2025] 3 All SA 85 (SCA); 2025 (2) SACR 115 (SCA) (17 April 2025)

Court

Supreme Court of Appeal

Case number

104/2024

Judges

Mokgohloa, Weiner, Smith, Molitsoane, Norman

The Supreme Court of Appeal held that although the delay in prosecuting the appellant was manifestly inordinate and unreasonable, the appellant failed to establish that such delay caused him irreparable trial-related prejudice. The medical condition suffered by the appellant was not shown to be causally linked to the delay, and the evidence did not support the contention that the delay resulted in his intellectual deficits. The processes provided in sections 77 and 79 of the Criminal Procedure Act constitute an adequate remedy for determining the appellant's capacity to stand trial. A permane…

Source excerpt

• Permanent Stay Of Prosecution
• Fair Trial Rights
• Unreasonable Delay
• Mental Capacity To Stand Trial
• Irreparable Trial Prejudice

S v Dikgomo (R67/2018)

S v Dikgomo (R67/2018) [2018] ZANWHC 91 (26 July 2018)

Court

North West High Court, Mafikeng

Case number

R67/2018

Judges

R.D Hendricks, J.T Djaje

The High Court set aside a conviction and sentence after finding the accused’s mental capacity had not been properly assessed before trial and sentencing.

• Mental Capacity To Stand Trial
• Criminal Procedure Act Section 304
• Psychiatric Assessment
• Setting Aside Conviction
• Mental-capacity-to-stand-trial
• Criminal-procedure-act