ASSIGNMENT 02
NAME: S.KAZI
UNIQUE NUMBER: 761709
STUDENT NUMBER: 56678622
DATE: 13 APRIL 2018
RESEARCH THEME 1:
LEGISLATIVE DEVELOPMENTS IN LINE WITH THE CONSTITUTION RELATING
TO CRIMINAL TRIALS FOR MENTALLY ILL PERSONS OVER THE YEARS
BY S. KAZI
(9607300203083)
SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE LLB DEGREE
IN THE
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROFESSOR MG KARELS
(ASSIGNMENT 02)
, (research intro)
This research investigates the manner in which the legal fraternity has adapted and
developed the law to bring it in conformity with the values enshrined in the Constitution
and the bill of rights in respect of criminal procedures for mentally ill persons who have
committed serious crimes. This is a matter of great importance as mentally ill persons,
are more likely to be prejudiced by lack of information and do not usually possess the
necessary legal knowledge and neither are they aware of their rights or when these
rights are being infringed. It is imperative that this matter be widely addressed so as to
enlighten the lay man as well as mentally ill patients who may have committed crimes
and consequently subjected to unfair trial procedures, of their rights to fair procedures
as embodied in our Constitution, and this is the reason for this research paper. This
paper also reflects how the law has been developed over the years.
(problem statement)
The primary purpose of this research is to analyze and explain the historical
developments in respect of the criminal trial procedures for mentally ill persons tried for
crimes committed over the years taking into account various case law which led to such
development and which considerably led to an alteration of legislation, this research
paper will also include aspects such as the following:
1. The impact of specific case law which led to an amendment of the Criminal
Procedure Act 51 of 1977, Bill 2 of 2017, and subsequently introduced the
Criminal Procedure Act 4 of 2017;
2. The impact of the case law on mentally ill accused persons in relation to the
Constitutional values as well as the rights in the bill of rights.
(research hypothesis)
According to section 77(6)(a) and section 77(6)(a)(i) and (ii) of the Criminal Procedure
Act 51 of 19771 wherein it is stated that where a mentally ill person is charged for
murder or rape and the court is of the opinion that the person does not have the
capacity to understand the nature of the proceedings so that he may defend the case ,
and with the limited evidence provided to the court, taking into account the nature of the
matter, the court may order that the person be detained in a psychiatric ward or a
prison, pending the finalization of the court proceedings. These clauses have the
potential of infringing on the Constitutional values and rights of the mentally ill person
and further, it does not take into account the possibility, nor procedure, should the
1
Criminal Procedure Act 51 of 1977.
NAME: S.KAZI
UNIQUE NUMBER: 761709
STUDENT NUMBER: 56678622
DATE: 13 APRIL 2018
RESEARCH THEME 1:
LEGISLATIVE DEVELOPMENTS IN LINE WITH THE CONSTITUTION RELATING
TO CRIMINAL TRIALS FOR MENTALLY ILL PERSONS OVER THE YEARS
BY S. KAZI
(9607300203083)
SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE LLB DEGREE
IN THE
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROFESSOR MG KARELS
(ASSIGNMENT 02)
, (research intro)
This research investigates the manner in which the legal fraternity has adapted and
developed the law to bring it in conformity with the values enshrined in the Constitution
and the bill of rights in respect of criminal procedures for mentally ill persons who have
committed serious crimes. This is a matter of great importance as mentally ill persons,
are more likely to be prejudiced by lack of information and do not usually possess the
necessary legal knowledge and neither are they aware of their rights or when these
rights are being infringed. It is imperative that this matter be widely addressed so as to
enlighten the lay man as well as mentally ill patients who may have committed crimes
and consequently subjected to unfair trial procedures, of their rights to fair procedures
as embodied in our Constitution, and this is the reason for this research paper. This
paper also reflects how the law has been developed over the years.
(problem statement)
The primary purpose of this research is to analyze and explain the historical
developments in respect of the criminal trial procedures for mentally ill persons tried for
crimes committed over the years taking into account various case law which led to such
development and which considerably led to an alteration of legislation, this research
paper will also include aspects such as the following:
1. The impact of specific case law which led to an amendment of the Criminal
Procedure Act 51 of 1977, Bill 2 of 2017, and subsequently introduced the
Criminal Procedure Act 4 of 2017;
2. The impact of the case law on mentally ill accused persons in relation to the
Constitutional values as well as the rights in the bill of rights.
(research hypothesis)
According to section 77(6)(a) and section 77(6)(a)(i) and (ii) of the Criminal Procedure
Act 51 of 19771 wherein it is stated that where a mentally ill person is charged for
murder or rape and the court is of the opinion that the person does not have the
capacity to understand the nature of the proceedings so that he may defend the case ,
and with the limited evidence provided to the court, taking into account the nature of the
matter, the court may order that the person be detained in a psychiatric ward or a
prison, pending the finalization of the court proceedings. These clauses have the
potential of infringing on the Constitutional values and rights of the mentally ill person
and further, it does not take into account the possibility, nor procedure, should the
1
Criminal Procedure Act 51 of 1977.
