The Ballito mother accused of murdering her 6-year-old daughter and dumping her body in a sugarcane field in Riet Valley, outside Shakaskraal on May 31 last year, will appear before the KwaDukza Regional Court next month to establish whether she is mentally fit to stand trial.
Fungai Nyamadzawo has been in custody since her arrest on June 2, 2020, and is facing charges of premeditated murder.
Last year the court sent her for 30-day observation at Fort Napier, a state psychiatric hospital, after her attorney, Rakesh Maharaj claimed his client suffered from mental health issues.
According to the Criminal Procedures Act 51 of 1977 the reporting psychiatrist must report on her mental fitness to stand trial.
If the court accepts the psychiatric report and finds that an accused is unfit to stand trial or is not responsible for her actions owing to a mental illness, the court may declare the accused a state patient.
If this occurs the patient is admitted to an approved psychiatric institution.
In terms of the Mental Health Care Act, there is no specific ‘sentence’ for these patients.
One of the most important aspects in dealing with these patients is the evaluation of their potential risk to the community – whether they pose a danger to others.
Should the report deem the accused mentally fit to stand trial the criminal case against Nyamadzawo will go ahead.
She remains in police custody pending her next court date on April 12.
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