S v Zondi (AR 1049/09)
S v Zondi (AR 1049/09) [2011] ZAKZPHC 58; 2012 (2) SACR 445 (KZP) (30 September 2011)
The magistrate's order detaining the accused as a state patient under section 77(6) of the Criminal Procedure Act was made without sufficient evidentiary basis. The magistrate relied on his own observations and misread the psychiatric report, which did not support a finding of mental illness or incapacity to stand trial. Dr Dunn's report indicated the accused was lucid and able to follow proceedings, and Dr Dunn was not called to testify despite the accused disputing the report. The magistrate's conduct constituted a gross irregularity, and the order cannot stand. There is no statutory obliga…
Source excerpt
- Criminal Procedure Act Section 77
- Mental Health Care Act
- Review Of Inferior Court
- Automatic Review
- State Patient Orders