South Africa Case Law

S v Ralane (A222/14)

S v Ralane (A222/14) [2015] ZAECBHC 18 (21 June 2015)

Court

Eastern Cape High Court, Bhisho

Case number

A222/14

Judges

S M Mbenenge, D Van Zyl

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.

Source excerpt

• Mental Health In Criminal Procedure
• Section 79 Criminal Procedure Act
• Panel Of Psychiatrists
• Serious Violence Offences

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