If Cecilia Steyn genuinely believed her murders were divinely ordained, how would Section 78 of the CPA apply?

Question

SELECT THE CORRECT ANSWER
She would be exempt if her delusion prevented understanding the wrongfulness of her acts.

She would receive a reduced sentence due to diminished capacity.

Her cultural beliefs override psychiatric assessments, requiring traditional healing.

Only physical neurological defects qualify under Section 78, not delusions.

Answer 1

The correct answer is:

She would be exempt if her delusion prevented understanding the wrongfulness of her acts.

Section 78 of the Criminal Procedure Act in South Africa addresses the mental state of an accused at the time of the offense. If a person genuinely believes that their actions are justified due to a delusion—such as believing their murders were divinely ordained—it could be argued that they did not have the capacity to understand the wrongfulness of their actions, which could lead to them being found not guilty by reason of mental illness.