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- Daniel Smit will finally undergo a mental evaluation after waiting for a year.
- He is accused of the murder of Jerobiojin van Wyk.
- The teen's human remains were found in sewerage pipes at Smit's home.
The man accused of the murder of Klawer teen Jerobiojin van Wyk is finally undergoing a mental evaluation.
It comes after nearly a year as he waited for a bed to be secured at Valkenberg Psychiatric Hospital in Cape Town.
Daniel Smit was arrested last year after human remains were found in sewerage pipes at his home.
The remains were confirmed to be that of Jerobiojin, who had gone missing days earlier.
His death sparked anger in the small farming town of Klawer last year.
Smit faces charges of murder, attempted murder, kidnapping, defeating the ends of justice, and failure to report the incident to the police.
It was alleged the teen had been killed for stealing mangoes from Smit's garden.
Smit was referred for psychiatric evaluation last year, but there were no beds available.
On 7 August, he made a brief appearance in the Klawer Magistrate's Court, where it emerged that a bed at Valkenberg Psychiatric Hospital had finally been secured.
The case was postponed to 6 September.
READ | Klawer killing: Justice delayed for family of Jerobiojin van Wyk
The State or the defence can place evidence on record indicating that an accused, due to mental illness or intellectual disability, is not capable of understanding the proceedings, so as to make a proper defence or instruct his or her legal representative as to his/her defence.
This can happen at any stage of criminal proceedings.
The evidence can be from a family member, health practitioner or even the presiding officer's observations.
In Smit's case, a psychologist who evaluated him after his arrest recommended that he be sent for a proper psychiatric evaluation.
Suspicious and naïve
In April last year, the psychologist, CWA van Zyl, presented a report to the court, which stated that Smit had been involved in Chinese occult rituals since the age of 13, and that he had committed a serious assault before the age of 15.
Van Zyl said Smit was a loner, suspicious of the motives of others, and naïve.
According to the report, Smit felt real acceptance after getting involved in Chinese occult rituals - and, ever since then, he has had power in social interactions which justified his anger, rage and retaliation.
The National Prosecuting Authority's spokesperson, Eric Ntabazalila, said two questions were raised before a referral:
A. When the accused is before the court, can he/she follow proceedings and take part?
B. Was he/she, at the time of the incident or commission of the offence, capable of distinguishing between right and wrong, and could he/she act accordingly?
"When either of these questions is raised, and the court is satisfied that the accused falls in one and/or both of the categories, the court is obliged to refer the accused for observation at a designated health establishment, i.e. Valkenberg," he said.
According to Ntabazalila, the mental observation may not be longer than 30 days at a time and can be extended without the accused appearing in court.
"The case is normally postponed for 30 days, or however long the accused spends at the institution. There are different factors at play, and no definitive time can be given; the admission of the accused is in the hands of the institution," he said.
The spokesperson for the Western Cape health department, Mark van der Heever, said all cases referred by the courts are put on a waiting list on a first-come, first-served basis, and a comprehensive psychiatric assessment is conducted over the 30-day period.
"The waiting lists at each hospital differ, with admissions for different conditions also differing. While a client awaits admission to a specialised psychiatric hospital, they are treated at the outpatient units or at the primary healthcare facility," he said.
Van der Heever added that the waiting period for non-violent offences was around one month, while the current waiting period for serious offences varied from 14 months up to two years, depending on many factors.
READ | Horrific details of Jerobiojin van Wyk's death emerge as accused sent for psychiatric evaluation
"Valkenberg Hospital is the only psychiatric hospital where suspected offenders are referred to by a court for a psychiatric evaluation. There are currently 100 males and two females who have been referred by the courts and are awaiting observation at Valkenberg Hospital. The average waiting period for males is 18 months and for females up to three months," he said.
Valkenberg is the only hospital in the province mandated by law to do forensic assessments and admit state patients. It has 391 beds for all patients.
"The department has seen an increase in the demand in the last couple of years and opened additional beds to address the need. As part of its operations, when a patient is stable, they are referred back into the care of their family as this supports their well-being. Funding for 2022/23 is extremely tight, with no additional funding available to open more services," he said.
