Mental patient detained at Khama's pleasure

Dimpho Kabo, 24, was found guilty under section 160 (1) of the Criminal Procedure and Evidence (CP&E) Act. The section provides that an accused person who is found to be mentally ill can be found guilty of the act, but according to Section 11 of the Penal Code, he or she cannot be held responsible for the criminal act.

Makhwade made an interim order that states that when the high court returns a special verdict under section 160 (1), then the  High Court should report to the President while keeping the accused in custody. Makhwade was presiding over a case in which Kabo was certified a Schizo-Affective patient, murdered his grandmother by crushing her skull with a cement boulder on May 11, 2011 in Serorome Ward in Palapye.