Ruling slammed as

LEGAL and mental health experts have weighed in heavily on Randburg magistrate Hambokazi Thwele for her harsh” conviction and sen

“tencing of a man who appears mentally deranged.

Thwele this week sentenced Itumeleng Manda (38) to an effective three months for assault without referring him for mental observation.

Criminal law expert Advocate Nduduzo Jiyane says: From where

“I am sitting, there has been a miscarriage of justice.”

Jiyane maintains that, according to Sections 78 and 79 of the Criminal Procedure Act, Manda should have been referred for mental observation.

“If a layman could see that the man was behaving in a manner that suggested he was not mentally sound, the magistrate should have been able to observe that as well.

“It would have been better for the magistrate to err on the side of caution. The first thing that should have happened was to refer the man to a district surgeon or a mental health specialist for observation and a proper assessment,” says the Pretoria-based Jiyane.

Jiyane says it was also not appropriate for Manda to be allowed to represent himself if he appeared not to be in a good state of mind.

“In my opinion, I think a different conclusion will be reached if the matter is reviewed or if the conviction and sentence are appealed against.

“I think there’s a clear miscarriage of justice on this one,” he concludes.

Mental health expert Bharti Patel from the South African Fed-