Genevieve Serra|Published
For hundreds of accused people in the Western Cape, the wait for a court-ordered psychiatric assessment can last longer than the criminal case was expected to take.
Valkenberg Psychiatric Hospital, the province’s only facility authorised to conduct these forensic assessments, has just 17 approved observation beds. The resulting backlog has left 416 people waiting, including 55 accused of serious violent offences who may wait up to two years, according to the Western Cape Department of Health and Wellness.
The issue has attracted the attention of the Western Cape Department of Police Oversight and Community Safety and is expected to be tabled at the Provincial Safety Council, chaired by Premier Alan Winde.
Forensic assessment delays affect criminal cases
According to the Western Cape Department of Health and Wellness, assessments for serious offences require a panel of two psychiatrists, while less serious matters may be assessed by a single psychiatrist.
But the problem extends beyond the Western Cape and affects the country as a whole.
Earlier this year, during a briefing to the Parliamentary Monitoring Group, the Portfolio Committee on Correctional Services heard that the National Department of Health had reported that 3 450 state patients were accommodated in 14 psychiatric facilities across the country. A further 437 remained in correctional centres because of limited capacity and infrastructure constraints, alongside a growing backlog in forensic assessments.
The situation was said to be particularly concerning in the Eastern Cape and KwaZulu-Natal, while Mpumalanga still lacked a dedicated forensic psychiatric facility.
In 2013, a major reconstruction and revitalisation project, costing nearly R1 billion — approximately R978 million — began at Valkenberg Psychiatric Hospital to upgrade its facilities and increase bed capacity.
Monique Johnstone, assistant director of communications for District Health Services at the Western Cape Department of Health and Wellness, told Weekend Argus that the facility continued to face pressure and backlogs because of waiting periods for cases involving serious offences.
“The Western Cape Department of Health and Wellness confirms that Valkenberg Psychiatric Hospital is currently the only facility in the Western Cape legally authorised to conduct court-mandated forensic psychiatric observations and evaluations in terms of sections 77 to 79 of the Criminal Procedure Act,” she said.
416 accused people are awaiting assessment
“While other psychiatric facilities in the province, including Alexandra Hospital and Lentegeur Hospital, accommodate state patients, court-ordered forensic observations are conducted exclusively at Valkenberg Hospital.
“As the sole provider of this specialised service in the province, the hospital faces increasing pressure to meet growing demand for forensic psychiatric assessments, resulting in significant waiting lists and delays,” she said.
“The facility has a total of 391 beds and plays a critical role in the diagnosis, treatment, rehabilitation and ongoing care of people living with mental-health conditions.
“Of these, 17 are approved forensic psychiatric observation beds, comprising 15 male beds and two female beds.
“Currently, 11 accused people are admitted for 30-day, court-ordered psychiatric observations. This figure excludes accused people who are assessed on an outpatient basis.
“Bed occupancy across both the acute and forensic services remains consistently above 100%.”
Johnstone said there were 416 accused people awaiting forensic assessment, of whom 55 had been charged with serious violent offences and 361 with less serious offences.
“Waiting periods vary depending on the nature of the offence and the assessment required,” she added.
National forensic psychiatric backlog
Johnstone said the waiting list was driven by increasing demand and the fact that Valkenberg remained the sole provider of the service.
“Unlike routine clinical appointments, forensic psychiatric observations form part of a formal legal process and require comprehensive assessments and reports to assist the courts in determining how criminal proceedings should continue,” she explained.
To improve access to services, the hospital has introduced single-observation assessments for certain less serious offences that do not require admission, however, despite these interventions, demand continues to exceed available capacity.
MEC for Police Oversight and Community Safety Anroux Marais said Valkenberg remained the only facility providing court-ordered psychiatric assessments in the province, placing pressure and delaying criminal cases.
Officials promise to address the bottlenecks
“We are aware that the hospital has embarked on a number of interventions to streamline aspects of the assessment process and improve access and availability, but demand continues to exceed capacity.
“The resulting backlog inevitably creates delays in the finalisation of criminal cases and can be deeply frustrating for victims of crime and their families who are waiting for justice.
“This is an issue that will definitely be tabled at the Provincial Safety Council, chaired by Premier Alan Winde, where key role-players across the safety and criminal-justice system work together to identify practical ways of addressing these bottlenecks and improving services across the criminal-justice value chain.”
Eric Ntabazalila, spokesperson for the National Prosecuting Authority (NPA) said they were not in a position to confirm numbers, when asked about the numbers of accused awaiting court-ordered psychiatric assessments in the Western Cape or what was being done to remedy it.
National spokesperson, for the Ministry of Justice and Constitutional Development, Palesa Rammitlwa said their office too was not in a position to comment on the delay or numbers as it did not fall into their domain.
Mafe case highlights consequences of bed shortages
In March, the Portfolio Committee on Correctional Services held a briefing. The National Department of Health said it acknowledged the seriousness of the problem but highlighted funding shortages, limited psychiatric beds, shortages of specialists, infrastructure delays and court-related backlogs.
It shared that approximately 2 783 people were reportedly awaiting forensic psychiatric assessment nationally at the time and that the Department of Justice and Constitutional Development owed about R380 million for forensic mental-health services dating back to 2023.
A case which received national attention involving psychiatric assessment, was Zandile Christmas Mafe, who was arrested on 02 January 2022 after he allegedly set Parliament on fire .
In December 2023, the Cape High Court declared Mafe unfit to stand trial converting him from a criminal accused to a mental health patient. The court has remanded him to the hospital section of Pollsmoor Prison while waiting for a bed to be available at a psychiatric hospital.
Another case was that of accused husband killer, Zurenah Smit, who was declared fit to stand trial following a decision in August.