Key Points
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A curator was appointed after the woman’s mental health affected her divorce.
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The woman, serving a jail sentence for murder, was declared unfit to manage her divorce.
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Experts confirmed that the woman’s depression compromised her ability to handle the divorce.
A court has appointed a curator to handle the divorce of a woman serving an 18-year prison sentence for murdering her child.
The court decided this after the woman’s mental health issues made it clear she could not manage the proceedings. The woman, who admitted to drowning her four-year-old child, was found unfit to handle the legal matters surrounding her divorce.
Her sister approached the Pietermaritzburg High Court, stating that the woman was unable to defend herself or make sound decisions in the divorce.
The sister emphasized the woman’s inability to participate in the case, pointing out that her mental health issues prevented her from managing such a complex process. In light of this, the court appointed a curator to represent the woman’s legal interests.
Mental health issues complicate the case further
The woman’s sister pointed out that the woman owned valuable assets, worth millions of dollars.
She argued that, due to the woman’s condition, a professional should be appointed to oversee the divorce.
The woman’s husband, who had filed for divorce, opposed this claim. He insisted that his wife was still able to make decisions on her own. However, medical experts disagreed with this assessment.
Two psychiatrists had diagnosed the woman with major depressive disorder during her criminal trial.
Despite their diagnosis, they concluded she was fit to stand trial for the murder charges. The woman’s sister, however, revealed that the woman had been hospitalized multiple times for psychiatric treatment and had attempted suicide five times, including the day of the murder.
Court decision and expert opinions on cognitive function
After reviewing expert testimony, the court found that the woman’s cognitive function had been severely impaired due to her depression.
The psychiatrists’ reports indicated that the woman had been hospitalized for mental health issues 12 times. They also noted that she was not receiving adequate treatment while in prison.
The court acknowledged that, despite the woman being able to give instructions to her legal representative, she was not capable of managing her affairs.
The judge concluded that the woman’s severe depression and suicidal tendencies left her unfit to manage her own divorce. Therefore, the court appointed a curator ad litem to oversee the case on her behalf.
