De Vos N.O and Another v Minister of Justice And Constitutional Development and Others; InRe: Snyders and Another v minister of Justice And Constitutional Development and Others (4502/10, 5825/14)
De Vos N.O and Another v Minister of Justice And Constitutional Development and Others; InRe: Snyders and Another v minister of Justice And Constitutional Development and Others (4502/10, 5825/14) [2014] ZAWCHC 135; 2015 (1) SACR 18 (WCC); [2014] 4 All SA 374 (WCC) (5 September 2014)
Section 77(6)(a)(i) and (ii) of the Criminal Procedure Act, 51 of 1977, are unconstitutional because they mandate automatic and indefinite detention of accused persons found unfit to stand trial due to mental illness or defect, without affording judicial discretion or considering individual circumstances. This results in arbitrary deprivation of liberty, contrary to section 12(1)(a) of the Constitution, and unfair discrimination against children and persons with disabilities. The impugned provisions fail to provide for individualized justice, do not require an assessment of danger to society…
Source excerpt
- Deprivation Of Liberty
- Judicial Discretion
- Rights Of Children
- Mental Health Legislation
- Constitutional Invalidity
- Limitation Of Rights