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South Africa decisions
Decisions matching the current search
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 Ralane (A222/14) [2015] ZAECBHC 18 (21 June 2015)
The Magistrate failed to comply with section 79(1)(b) of the Criminal Procedure Act by not ensuring the appointment of a third psychiatrist or recording an application by the prosecutor to dispense with the third psychiatrist, as required for offences involving serious violence. This procedural irregularity invalidated the proceedings from 13 May 2015 onwards. The matter must be remitted to the Magistrate for proper compliance with the statutory requirements regarding the panel of psychiatrists.
Source excerpt
S v Nonjini (A239/15) [2015] ZAGPPHC 220; 2016 (1) SACR 404 (GP) (20 April 2015)
High Court review of a magistrate’s release order after psychiatric observation found the accused unfit to stand trial and not linked to any offence.
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