Concourt’s spotlight on crime law

THE Constitutional Court will hear a case on Monday relating to the Wester n Cape High Court’s finding that a section of the Criminal Procedure Act (CPA) is unconstitutional.

The lower court’s ruling stems from two cases.

In the first case, a 14-yearold boy was charged with murder after allegedly stabbing to death a girl, also 14.

In the other, a 30-year-old man was charged with the rape of an 11-year-old girl.

The boy and man have intellectual disabilities.

The magistrates in these cases referred the accused for observation to deter mine whether they were competent to stand trial. Experts have concluded that neither accused would be able to understand the court proceedings.

The CPA provides for the compulsory incarceration or institutionalisation of an accused who is found to be mentally unfit to stand trial and who is found to have committed the offence as charged.

The constitutionality of this provision was challenged separately on behalf of the accused, by their mothers and curators.

The Ministry of Justice says that the provisions protect broader society.

The challenges were postponed in the magistrate's court, pending the outcome of the Constitutional Court challenge. – Sapa