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3.1.3 accordingly, someone who has been placed under curatorship because of a mental illness and a subsequent inability to manage his or her own affairs, can enter into a valid legal transaction with its normal consequences if, at that particular moment, he or she was physically and mentally capable of doing so.25 thus, for example, it has been. These developments prompted the authors to examine the way in which african societies regard and deal with the mentally insane. In this article we examine mental illness as perceived by the african ethnic groups in south africa.
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In south african law, the determination of mental capacity is governed by the mental health care act, 2002 (act no At the same time the south african law commission has embarked on a research project aimed at rationalising the law on the legal capacity of adults with impaired mental capabilities 17 of 2002) and the promotion of equality and prevention of unfair discrimination act, 2000 (act no
Explore the legal framework surrounding mental illness, intoxication, and their impact on juristic capacity in south african law.
South african common law determines that a power of attorney terminates once the principal becomes mentally incapacitated In other words, when a principal is no longer able to perform the act in question himself, the agent can no longer do it for him. F the insanity defence in south africa there is no formal definition of mental illness However, the court held in s v stellmacher47 that in order to constitute a mental illness or defect it must at least consist in
[a] pathological disturbance of the accused's mental capacity and not a mere temporary mental confusion which is not. Thus a mentally ill person has absolutely no capacity to act or litigate, his curator must act completely on his behalf All juristic acts a mentally ill person enters into are invalid unless they were performed during a lucidum intervallum. Our law requires that parties to legal agreements must have the necessary mental capacity, i.e
Be able to understand the nature, purpose and consequences of their actions.
The incapacitated person must have been positively diagnosed as being mentally ill or be a person with a severe or profound intellectual disability Since there is no high court application, this process is far less costly than an application to appoint a curator.
