Motsoaledi says these court referrals are straining hospitals
CAPE TOWN — Health Minister Aaron Motsoaledi has criticised the frequency of court-ordered mental health assessments for accused people, saying the referrals are adding pressure to hospitals already struggling with bed shortages. He told Parliament that some accused people were using psychiatric observation to delay criminal proceedings.
Motsoaledi made the remarks while briefing the National Council of Provinces’ Select Committee on Social Services on his department’s annual report on 28 October. He argued that the legal system was placing an excessive burden on health facilities by repeatedly referring accused people for observation.
Assessments serve a legal purpose
Court-ordered psychiatric assessments address specific questions about criminal proceedings. Section 77 of the Criminal Procedure Act requires an inquiry where it appears that mental illness or intellectual disability prevents an accused person from understanding proceedings sufficiently to conduct a proper defence.
That differs from assessing criminal responsibility at the time of an alleged offence. Section 78 concerns whether a person’s mental condition affected their ability to appreciate the wrongfulness of their conduct or act accordingly. A referral is therefore an investigative step, rather than a finding that the accused lacks criminal responsibility.
Motsoaledi’s claim that assessments are being used to delay cases remains his assessment. The report does not provide figures showing how many referrals were considered unnecessary, how long patients waited for beds or how often clinicians found accused people fit to stand trial.
Funding pressure compounds the problem
The minister also called for an end to austerity measures affecting public health facilities. His remarks place both funding constraints and demand from the criminal justice system under scrutiny.
Addressing that pressure will require distinguishing avoidable delays from assessments courts are legally required to obtain. Without that distinction, the number of referrals alone cannot establish whether the problem lies in inappropriate requests, insufficient assessment capacity or both.
Anyone with additional information can contact the press desk at press@townpress.co.za or drop a tip.