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South Africa decisions
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S v J.M (CC112/2017) [2020] ZAMPMBHC 22 (5 November 2020)
The court found the accused had not been properly observed under the Criminal Procedure Act and ordered fresh psychiatric observation, including a third psychiatrist.
S v Fuzile (A3873/14) [2015] ZAECBHC 40 (11 September 2015)
High Court review of magistrate’s fitness-to-stand-trial proceedings. The matter was set aside because the psychiatric panel was not properly constituted under section 79(1)(b).
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.
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