South Africa Case Law

Ledwaba v S (A/258/2018, PA43/2018)

Ledwaba v S (A/258/2018, PA43/2018) [2019] ZAGPPHC 269 (12 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

A/258/2018, PA43/2018

Judges

HF Jacobs, S N I Mokose

The appeal was upheld because the appellant, who had a long history of mental illness, was unrepresented during the referral for psychiatric examination under Chapter 13 of the Criminal Procedure Act. The psychiatric report did not address 'intellectual disability' as required by the amended Act, and the appellant was not in a position to contest the report or appoint a psychiatrist of his choice. The trial court failed to ensure that the appellant's rights to legal representation and a fair trial were protected, resulting in substantial injustice. The conviction and sentence were set aside,…

Source excerpt

• Mental Illness And Criminal Capacity
• Fair Trial Rights
• Legal Aid
• Psychiatric Examination
• Minimum Sentences

S v Ladodana (27/2014)

S v Ladodana (27/2014) [2014] ZAGPJHC 110 (30 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

27/2014

Judges

Meyer, Wepener

High Court review of a magistrate’s court mental-capacity matter. The conviction was set aside because the accused had not pleaded and the wrong CPA procedure was used.

• Mental Illness And Criminal Capacity
• Criminal Procedure Act Section 77
• Criminal Procedure Act Section 78
• Fitness To Stand Trial
• Serious Violence Offences
• Mental-illness-and-criminal-capacity