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S v Mashinini (A394/16) [2016] ZAGPPHC 449 (14 June 2016)
High Court review setting aside a magistrate’s state-patient order and substituting detention under the Mental Health Care Act.
S v Diniso (A3970/14) [2015] ZAECBHC 39 (11 September 2015)
High Court review set aside magistrate’s mental-health proceedings for failing to make a required finding that the accused committed the act alleged.
S v Maphuko (A1870/15) [2015] ZAECBHC 21 (30 July 2015)
The Magistrate failed to properly constitute the psychiatric panel as required by section 79(1)(b) of the Criminal Procedure Act, since no application was made by the prosecutor to dispense with the third psychiatrist. Consequently, the proceedings after 13 March 2015 are set aside. Although the offence did not involve serious violence, the continuous psychiatric issues and risk profile of the accused justified invoking section 79(1)(b) in the public interest. The matter is remitted to the Magistrate to be dealt with in accordance with the correct statutory procedure.
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