South Africa Case Law

Ntshongwana v S (1304/2021)

Ntshongwana v S (1304/2021) [2023] ZASCA 156; [2024] 1 All SA 345 (SCA); 2024 (2) SACR 443 (SCA) (21 November 2023)

Court

Supreme Court of Appeal

Case number

1304/2021

Judges

Molemela, Ponnan, Mocumie, Mbatha, Windell

The Supreme Court of Appeal held that the appellant failed to discharge the onus of proving, on a balance of probabilities, that he lacked criminal responsibility due to mental illness at the time of the offences. The panel psychiatrists' evidence, accepted by the trial court, demonstrated that the appellant's conduct during and after the offences was purposeful, goal-directed, and indicative of criminal capacity. The appellant's decision not to testify left critical gaps regarding his state of mind, and his claim of amnesia was unsupported and contradicted by objective evidence. The court fo…

Source excerpt

• Pathological Incapacity
• Criminal Responsibility
• Burden Of Proof
• Diminished Responsibility
• Mental Illness
• Life Imprisonment

S v Mahlaule (A322/14)

S v Mahlaule (A322/14) [2014] ZAGPPHC 466 (13 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

A322/14

Judges

S P Mothle, EM Makgoba

On special review, the High Court set aside a conviction after the accused’s mental illness raised doubt about the justice of the proceedings.

• Mental Illness
• Criminal Procedure Act
• Conviction Review
• Section 304a
• Section 303
• Mental-illness

Dladla v S (AR 483/09)

Dladla v S (AR 483/09) [2010] ZAKZPHC 37; 2011 (1) SACR 80 (KZP) (1 June 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 483/09

Judges

Madondo, K Pillay

Appeal against conviction for assault upheld after the court found the magistrate wrongly accepted evidence from a mentally ill complainant without proper inquiry.

• Competence Of Witnesses
• Mental Illness
• Onus Of Proof
• Irregularity In Proceedings
• Witness-competence
• Mental-illness