'State patient' means a person so classified by a court directive in terms of section 77 (6) (a) (i) or 78 (6) (i) (aa) of the Criminal Procedure Act. [Definition of 'State patient' substituted by s. 19 of Act 55 of 2002.
'voluntary care, treatment and rehabilitation' means the provision of health interventions to a person who gives consent to such interventions.
This Act must be interpreted in a manner that is consistent with the objectives of this Act.
In the event of any conflict arising between this Act and any other law other than the Constitution, this Act must prevail.
A designation referred to in subsection (1) may at any time be revoked or varied by the head of the national department with the concurrence of the head of the relevant provincial department.
The head of the national department must, with the concurrence of the heads of the relevant provincial departments in respect of health establishments designated in terms of section 5 (1), determine the nature of the care, treatment and rehabilitation services to be provided at every establishment so designated.
A health establishment providing inpatient secondary level care and treatment may not admit a mental health care user for more than two months unless authorised by a mental health care practitioner in charge of that part of the health establishment.
Tertiary level mental health care, treatment and rehabilitation services may be provided at a tertiary health establishment or a psychiatric hospital designated in terms of section 5 (1).
Persons providing care, treatment and rehabilitation services must provide such services in a manner that facilitates community care of mental health care users.
The rights and duties of persons, bodies or institutions set out in this Chapter are in addition to any rights and duties that they may have in terms of any other law.
In exercising the rights and in performing the duties set out in this Chapter, regard must be had for what is in the best interests of the mental health care user.
him or her or others.
Any determination concerning the mental health status of any person must be based on factors exclusively relevant to that person's mental health status or, for the purposes of giving effect to the Criminal Procedure Act, and not on socio-political or economic status, cultural or religious background or affinity.
A determination concerning the mental health status of a user may only be made or referred to for purposes directly relevant to the mental health status of that user.
A person or health establishment may not disclose any information which a mental health care user is entitled to keep confidential in terms of any other law.
Despite subsection (1), the head of the national department, a head of provincial department or the head of a health establishment concerned may disclose such information if failure to do so would seriously prejudice the health of the mental health care user or of other people.
15 Right to representation appearing before a magistrate, judge or a Review Board, subject to the laws governing rights of appearances at a court of law.
The Review Board referred to in subsection (1) may be established for a single, a cluster or all health establishments providing mental health care services in that province.
make available other resources, to the Review Board to enable it to perform its administrative functions.
The Review Board may, when performing its functions, consult or obtain representations from any person, including a person or body with expertise.
The Review Board consists of no fewer than three persons and no more than five persons who are South African citizens appointed by the relevant member of the Executive Council in each province.
dies or becomes incapable of doing his or her work for a consecutive period of six months.
When a vacancy in the Review Board has arisen as referred to in subsection (1) for appointing members of the Review Board, the procedure referred to in section 20 (3) applies.
A decision taken by the Review Board is not invalid only by reason of a casual vacancy in the Review Board when such decision was taken.
The relevant member of the Executive Council may with the concurrence of the member of the Executive Council responsible for finance determine the remuneration, travelling expenses, subsistence allowance and other allowances to be paid to the member of the Review Board who is not in the full-time employment of the State.
Members of the Review Board may determine the procedure for appointing an acting chairperson if the chairperson is not able to preside over a meeting of the Review Board.
Whenever a Review Board is considering a matter that involves a health establishment at which one of the members of the Review Board is a mental health care practitioner, that practitioner may not be involved in the consideration of the matter.
The applicants referred to in paragraph (a) must have seen the mental health care user within seven days before making the application.
An application referred to in subsection (1) may be withdrawn at any time.
On receipt of the application, the head of a health establishment concerned must cause the mental health care user to be examined by two mental health care practitioners.
Such mental health care practitioners must not be the persons making the application and at least one of them must be qualified to conduct physical examinations.
report on its findings and the steps taken to the head of the relevant provincial department.
If at any stage before the completion of the investigation, an appeal is lodged in terms of section 29, the Review Board must stop the investigation and consider the appeal in question.
send a written notice of its decision together with reasons for such decision to the appellant, applicant, head of the health establishment in question and the relevant mental health care practitioner.
If the Review Board upholds an appeal, all care, treatment and rehabilitation services administered to a mental health care user must be stopped according to accepted clinical practices and the user, if admitted, must be discharged by the health establishment, unless the user consents to the care, treatment and rehabilitation services.
make recommendations regarding a plan for further care, treatment and rehabilitation services.
The head of the health establishment concerned must comply with the decision of the Review Board.
If the head of a health establishment, at any stage after approving an application for assisted care, treatment and rehabilitation services, has reason to believe from personal observation, from information obtained or on receipt of representations by the user that an assisted mental health care user has recovered the capacity to make informed decisions, he or she must enquire from the user whether the user is willing to voluntarily continue with care, treatment and rehabilitation services.
The head of the health establishment must advise the persons referred to in subsection (3) (b) that they may make an application within 30 days of receipt of such report to the head of the relevant health establishment to provide involuntary care, treatment and rehabilitation services to the user and that sections 32 and 33 apply.
If the application is not made within 30 days, the assisted mental health care user must be discharged.
state the date, time and place where the user was last seen by the applicant within seven days before making the application.
The head of the health establishment may cancel the discharge and request the user to return to the health establishment on an involuntary inpatient basis, if he or she has reason to believe that the user fails to comply with the terms and conditions of such discharge.
If the Review Board does not uphold the appeal, it must submit the documents referred to in subsection (2) (a) and (d) to the Registrar of a High Court for the review by the High Court.
make recommendations regarding a plan for further care, treatment or rehabilitation service.
The head of the health establishment must submit a copy of the report to the applicant to enable the applicant to submit representations to the Review Board on the merits of the transfer.
Within 14 days of receipt of the order, the head of the provincial department concerned must make the necessary arrangements with the appropriate health establishment and effect the transfer as ordered.
officer in charge of the detention centre where the State patient is or will be detained.
Transfer may only be done if it is necessary for the care, treatment and rehabilitation of the State patient concerned.
On issuing the order, the Review Board concerned must forward a copy of the order concerned to the head of the national department.
The person responsible for effecting a transfer in terms of this section must, in writing, notify the official curator ad litem.
The head of a health establishment may, in writing, grant leave of absence to a State patient from a designated health establishment.
must make written recommendations regarding the issues referred to in subsection (2); and must send the written recommendation and reasons to the head of the health establishment concerned.
may call for further information and assistance from the applicant, mental health practitioner or a relevant curator, as may be necessary to process the application.
discharge order was made; and the head of the health establishment may apply to the Registrar of the High Court concerned for an order amending the conditions or revoking the conditional discharge, and forward a copy of the application to the official curator ad litem.
The head of the national department must, with the concurrence of the heads of the provincial departments, designate health establishments which may admit, care for, treat and provide rehabilitation services to mentally ill prisoners.
The person conducting the enquiry must submit a written report to the head of the prison, and must specify in the report the mental health status of the prisoner; and a plan for the care, treatment and rehabilitation of that prisoner.
If the person conducting the enquiry referred to in section 50, finds that the mental illness of the convicted prisoner is of such a nature that the prisoner concerned could appropriately be cared for, treated and rehabilitated in the prison, the head of the prison must take the necessary steps to ensure that the required levels of care, treatment and rehabilitation services are provided to that prisoner.
the prisoner should be cared for, treated and rehabilitated at a health establishment designated in terms of section 49, the magistrate must issue a written order to the head of the prison to transfer the prisoner concerned to that health establishment according to the procedure set out in section 54; or the prisoner need not be cared for and treated in a health establishment designated in terms of section 49, but instead be cared for and treated in the prison in which the convicted prisoner is in custody, the magistrate must issue a written order to the head of the prison to take the necessary steps to ensure that the required levels of care and treatment are provided to the prisoner concerned.
The head of the prison must, within 14 days of receipt of the notice of the details of the transfer, cause the mentally ill prisoner to be transferred to the specified health establishment.
The head of the national department may from time to time order the transfer of a mentally ill prisoner from one health establishment designated in terms of section 49 to another if it is necessary for the care, treatment and rehabilitation of the mentally ill prisoner.
The Review Board must forward a copy of the order in question to the head of the national department.
is thereafter responsible for the safe custody of the prisoner.
the merits of returning the mentally ill prisoner to the prison from which the prisoner was initially transferred.
inform the relevant magistrate in writing.
an order made by a High Court after an appeal or an enquiry referred to in section 60 or 61, respectively, stating that such person is incapable of managing his or her property and that an administrator be appointed.
The investigation must be finalised within 60 days of being instituted or such extended periods as may be granted by the Master.
The Master must, in writing, inform the applicant and the mentally ill person or person with severe or profound intellectual disability of his or her decision and the reasons thereof.
The Master must, within 60 days of being notified of the recommendation by the High Court judge in chambers, cause an investigation to be conducted to determine a suitable candidate to be appointed as administrator for the person concerned and appoint the administrator.
paid out of the estate of the mentally ill person or if the Master or the High Court judge in chambers is of the view that the application was trivial or vexatious, out of the property of the applicant; and determined by the Master after consultation with the person conducting the investigation.
determined by the Master after consultation with the person conducting the investigation.
An appointment of an administrator is effective from the date on which a Master of a High Court signs an official notice of such appointment.
(a) An administrator must, before a Master of a High Court signs an official notice of appointment, lodge security with the relevant Master of the High Court of an amount to be determined by the Master.
increase the amount of security to be paid by that administrator, or appoint a co-administrator, and all acts relating to the property of the person concerned must be done with the consent of both administrators.
the purchase or acquisition was, in writing, legally authorised by that person before that administrator was appointed.
The Minister may, in any regulation made under this Act designate as authoritative any published methodology, procedure, practice or standard that is generally recognised as authoritative within the relevant profession; and require any person or body to comply with that designated methodology, procedure, practice or standard.
Any regulation regarding the South African Police Service must be made with the concurrence of the Cabinet member responsible for safety and security.
Any regulation regarding education must be made with the concurrence of the Cabinet member responsible for education.
Any regulation regarding the appointment of an administrator including the threshold amounts for the appointment of a Master of a High Court as administrator and conditions for such appointment, must be made with the concurrence of the Cabinet member responsible for justice and constitutional development.
impose, vary or withdraw any condition in a regulation; or grant, vary or withdraw an exemption in a regulation.
The Minister may not vary or withdraw any condition or exemption made under this Act unless a person or body affected made representation to that effect.
Any person who is found guilty of an offence under this Act is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
A person or body to whom any power is delegated may exercise that power subject to the direction of the Minister or relevant member of the Executive Council.
Any right or privilege acquired or any obligation or liability incurred as a result of a decision made in terms of a delegated power referred to in subsection (1) cannot be affected by any subsequent withdrawal or amendment of that decision.
The transitional arrangements in this section must be read and applied as substantive provisions of this Act.
until it is set aside or repealed.