A mother who murdered her child and is serving a jail sentence, was declared unfit to handle her own divorce proceedings due to her unstable mental health
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A curator was appointed by the court to represent the legal interests relating to the divorce proceedings of a woman who is currently serving an 18-year jail sentence after murdering her child by drowning her in a bucket of water.
The woman’s sister turned to the Pietermaritzburg High Court, where she told the judge that her sister’s mental state does not allow her to adequately defend herself and make rational decisions in the divorce proceedings instituted by her husband.
The sister said the woman has significant assets amounting to multi-millions, and she should be declared mentally incapable of making decisions. Thus, it was said, a professional should be appointed to make these decisions on her behalf.
The woman’s husband, who served her with divorce papers, meanwhile joined the proceedings, and he voiced his opinion that his wife is indeed able to think for herself and make her own decisions.
The wife is in jail after she admitted to murdering their four-year-old by drowning her in a bucket of water. While the murder trial was still pending, she was sent for psychiatric evaluation. Two psychiatrists diagnosed the patient as suffering from major depressive disorder, but they found that she was fit to stand trial in the criminal proceedings.
The sister (applicant) claims that the patient has acute anxiety and serious depression. Because of her condition, the patient has been admitted to several hospitals. The sister also pointed out that apart from owning several properties, she also jointly owned assets of significant value together with her now-divorcing husband.
The patient signed a settlement agreement regarding the patrimonial ramifications of the divorce while she was still awaiting her psychiatric evaluation report related to the criminal trial, which agreement was sent by the husband.
Because the patient is so fragile, depressed, and incapable of understanding the repercussions of her actions during the divorce processes, the applicant requested the appointment of a curator ad litem to assist her in the divorce action.
According to one of the medical experts, the patient’s cognitive function is likely to be hampered by her persistent depression, while another said that it is already impaired. It is undeniable that the patient has been hospitalised in psychiatric hospitals 12 times for depressive disorders; she has also attempted suicide five times, the most recent of which occurred on the day she killed her child, the court observed.
It added that it is clear from the conclusions of the experts that the patient’s cognitive function is compromised, even though the psychiatrists had concluded that she was able to give instruction to her legal representative, follow the court proceedings, and stand trial in the criminal trial.
“It is hard to say that someone who struggles with self-management, has attempted suicide multiple times, and still feels the need to end her life because of depression, is capable of managing her own affairs,” the court said.
It concluded that taking into account the patient’s physical state and behaviour, the medical evidence demonstrating that her cognitive function is compromised, she is mentally ill and unable to manage her own affairs. The court also said it is clear that the patient is not receiving adequate treatment and counselling in prison and that she will need medical treatment for the rest of her life.
