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South Africa Case Law

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Criminal Law [2024] ZAECMHC 75

S v Manyosha (CA&R74/2024)

S v Manyosha (CA&R74/2024) [2024] ZAECMHC 75 (12 September 2024)

High Court review set aside an irregular “Not Guilty” finding after a section 77 enquiry, holding the accused was not entitled to that verdict.

  • Mental Capacity Of Accused
  • Criminal Procedure Act Section 77
  • Domestic Violence Act
  • Psychiatric Detention
  • Verdict Irregularity
  • Criminal-procedure
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Criminal Law [2022] ZANWHC 30

S v Eshane (HC02/2022)

S v Eshane (HC02/2022) [2022] ZANWHC 30 (29 June 2022)

High Court review of a magistrates’ court psychiatric detention order was set aside for non-compliance with section 77 and insufficient proof of the act in question.

  • Mental Health Care Act
  • Fitness To Stand Trial
  • Automatic Review
  • Psychiatric Detention
  • Automatic-review
  • Fitness-to-stand-trial
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Criminal Law [2011] ZAECPEHC 54

S v Dewhurst (53/10)

S v Dewhurst (53/10) [2011] ZAECPEHC 54; 2012 (1) SACR 627 (ECP) (22 November 2011)

High Court review set aside a magistrate’s detention order after finding no evidence had been placed before court to determine whether the accused committed the act.

  • Mental Health And Criminal Capacity
  • Criminal Procedure Act Section 77
  • Psychiatric Detention
  • Irregularity In Proceedings
  • Mental-health-and-criminal-capacity
  • Criminal-procedure-act-section-77
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.