f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
i)
•
•
The Leeuwkop Management Area (Gauteng)
Leeuwkop Juvenile Centre
Leeukop Maximum Correctional Centre
The Humewood Police Station (Eastern Cape)
Durban Central Police Station (Kwa Zulu Natal)
Moroka Police Station (Gauteng)
Alexandra Police Station (Gauteng)
The Lindela Repatriation Centre (Gauteng)
Lentegeur Mental Hospital (Gauteng)
Mangaung One Stop Child Justice Center (Free State)
Dyambu Youth Centr (Gauteng)
The Leseding Youth Center (Gauteng)
Letengeur Mental Hospital
The Letengeur Mental Hospital is located in the Western Cape Province, some 70 kilometers
from the Provincial Capital, Cape Town. The premises are located in a 106-hectare piece of
land and comprise 19 big units.
It holds about 940 patients/clients ranging from acute psychotic to forensic patients. The
latter category is sent to the Hospital by the courts in terms of Section 28 of the 1973 Mental
Health Act. Section 79(2) of the Criminal Procedure Act of 1977 provides for referral of a
defendant for a 30-day psychiatric observation at a state psychiatric hospital. The primary
enquiry is directed at establishing the presence of mental illness (which they vaguely define in
the Mental Health Act of 1973 as a disability or disease of the mind', i.e., the courts entrust
its definition to the attending psychiatrists), or mental disability (which practically
encompasses mental retardation and dementia).
If a defendant is certified not competent to stand trial and /or lacks criminal responsibility
the charges are withdrawn and he/she is referred to a State psychiatric hospital for indefinite
hospitalisation under section 28 of the Mental Health Act (whereupon he becomes known as
a 'State patient'). Discharge depends on a lengthy process whereby the Attorney-General has
to be petitioned to allow his/her discharge to proceed. If the original charge was nonviolent
then the Attorney-General generally advises the hospital that the hospital board (which sits
quarterly) can effect discharge. If the original charge is deemed to have been violent then
reports have to be obtained from a social worker (to investigate the patient's social
circumstance and to determine if he/she will be adequately cared for and controlled by
family), the attending psychiatrist, a medical officer familiar with the patient and the
superintendent of the hospital. These reports are then submitted via the Attorney-General
for consideration by a judge in chambers. The Attorney-General retains the discretion not to
pass the application onto the judge. On occasion, the documents have been returned to the
hospital with a cursory note advising the forensic unit that the Attorney-General does not
agree with their opinion that the patient is ready for discharge.
It is often overlooked that none of these defendants have been tried and convicted of the
original charge, yet the discharge procedure assumes that he/she is indeed guilty and has to
be treated like a dangerous felon. A judge in chambers will generally issue an order for the
16
Special Rapporteur on Prisons
Mission to South Africa
14 – 30 June 2004
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents