The courts are placing pressure on mental health facilities as they increasingly order observations of the accused. Health Minister Aaron Motsoaledi raised the concern during his appearance before the National Council of Provinces (NCOP’s) Select Committee on Social Services. He noted that defence lawyers are increasingly using mental health as a strategy in their cases.
He says this phenomenon began with the case of Paralympic athlete and convicted murderer Oscar Pistorius. According to the minister, across the world, including South Africa, there is a shortage of people who are well trained in mental health. In South Africa, there are only 870 psychiatrists.
The minister noted that 80% of them are in the private sector, serving only 14% of the population. Psychiatric nurses are also a rarity. Health Minister Aaron Motsoaledi:
“Every time somebody has committed a crime during the trial, they hide behind mental health and say the person was not in a correct mental state when they committed the crime. Even criminals who commit the crimes habitually, they revoke this issue of mental health and the judges and magistrates always rule that they must go to be observed in mental health facilities,”
The minister added that with this shortage, it’s placing a huge burden on South Africa’s healthcare system to keep on observing people who have committed crimes.
“I can tell you with my eyes closed, many of them are just criminals and nothing else. It has got nothing to do with mental health. Unfortunately, the legal system pushes to that extent.”
