Reyneke: In re: S v Mokoena (2232/2022), Ex parte
Reyneke: In re: S v Mokoena (2232/2022), Ex parte [2022] ZAFSHC 123; 2023 (2) SACR 190 (FB) (18 May 2022)
The court found that the accused's continued detention after discharge from the psychiatric hospital was lawful under the Criminal Procedure Act, as bail had been refused and the accused was awaiting trial for serious offences. The administrative errors, including the lack of a warrant for transfer to prison, did not affect the substantive legality of the detention. Discharge from hospital under the Mental Health Care Act does not equate to release from custody, and only a court order under the Criminal Procedure Act can authorize release. The application for immediate release was therefore d…
Source excerpt
- Habeas Corpus
- Mental Health Act Section 47
- Unlawful Detention
- Bail Application
- State Patient Procedure