Mental Health Act (Chapter 15-12)

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Chapter 15:12
MENTAL HEALTH ACT

Acts 15/1996 , 6/20002, 22/20013, 23/20044; SIs 92/1997, 262/20065.
1
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and date of commencement.
2. Interpretation.
3. Persons not to be received or detained as patients except in accordance with this Act.
PART II
RECEPTION OF CERTIFIED PATIENTS
4. Application for reception order.
5. Magistrate may examine patient and shall obtain medical certificates.
6. Magistrate may order apprehension of patient.
7. Proceedings to be in private.
8. Issue of reception order.
9. Detention under reception order.
10. Detention under reception order of patient in single care.
11. Urgency applications.
12. Magistrate or designated officer may order apprehension in certain cases.
13. Powers and duties of police officers in regard to certain patients.
14. Period of detention in urgency cases.
15. Release of patient.
16. Attorney-General ex officio curator ad litem of patients.
17. Orders and reports to be submitted to Attorney-General and Registrar of High Court.
18. Powers of judge on consideration of reception order and documents.
1
The original Act.
2
The Health Professions Act [Chapter 27:19]
3
Criminal Penalties Amendment Act, 2001.
4
Criminal Law (Codification and Reform) Act [Chapter 9:23]
5
Statutory instruments made by Law Reviser under Statute Law Compilation and Revision Act
[Chapter 1:03].
MENTAL HEALTH ACT [CHAPTER 15:12] as amended
19. Secretary may order patient’s removal to institution or other place.

20. Particulars to be contained in medical certificates.
21. Persons ineligible to sign medical certificates.
22. Periodical reports on patients.
23. Amendment of applications, orders and certificates.
24. Power of superintendent to discharge patients.
25. Appeal to Mental Health Review Tribunal.
PART III
PROVISIONS RELATING TO MENTALLY DISORDERED OR INTELLECTUALLY
HANDICAPPED PERSONS IN CUSTODY
26. Power of magistrate to order examination and treatment of accused persons.
27. Procedure where person found mentally disordered or intellectually handicapped while
under detention.
28. Procedure when person found mentally disordered or intellectually handicapped during
preparatory examination or trial.
29. Procedure where person charged is found mentally disordered or intellectually
handicapped at time of committing offence.
30. Procedure where convicted prisoner found to be mentally disordered or intellectually
handicapped.
31. Attorney-General to be informed before discharge of certain patients.
32. Power of Attorney-General to withdraw charges.
33. Periodical reports on detained patients.
34. Transfer of patients detained under this Part.
35. Discharge of patients detained under this Part.
36. Appeal to Mental Health Review Tribunal in certain cases.
PART IV
MENTALLY DISORDERED OR INTELLECTUALLY HANDICAPPED PATIENTS WHO
ARE DANGEROUS
37. Admission to special institutions of mentally disordered or intellectually handicapped
patients who are dangerous.
38. Powers of court in criminal cases in relation to mentally disordered or intellectually
handicapped persons who are dangerous.
39. Discharge of patients from special institutions.
40. Appeal to Mental Health Review Tribunal in respect of detention in special institution.
PART V
PATIENTS RESIDING IN PRIVATE DWELLING-HOUSES
41. Power of Secretary to authorize detention of patient in private dwelling-house.
42. Number of patients that may be detained in one private dwelling-house.
43. Power of magistrate to investigate treatment of patients in private dwelling-houses.
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44. Visiting of patients detained in private dwelling-houses.

45. Right of patient detained in private dwelling-house to appeal to Mental Health Review
Tribunal.
PART VI
INFORMAL ADMISSION AND TREATMENT OF PATIENTS AND PATIENTS IN
SINGLE CARE
46. Places that may receive informal patients.
47. Reception and detention of informal patients and patients in single care.
48. Notice of reception, death, departure or discharge of informal patients.
49. Departure of informal patients, from institution or place.
50. Procedure where doubt arises as to continued consent to treatment of informal patient.
51. Application of Part to patients in single care.
PART VII
TEMPORARY TREATMENT WITHOUT CERTIFICATION
52. Places that may receive patients for temporary treatment.
53. Reception of temporary patients.
54. Preliminary report on temporary patients.
55. Notification of reception, death, departure or discharge of temporary patients
56. Visiting of temporary patients detained in places other than institutions.
57. Period of detention of temporary patients.
58. Discharge of temporary patients.
59. Right of temporary patient to appeal to Mental Health Review Tribunal.
PART VIII
TREATMENT AND TRAINING WITHOUT CERTIFICATION OF INTELLECTUALLY
HANDICAPPED PATIENTS WITH BEHAVIOURAL PROBLEMS
60. Places that may receive intellectually handicapped patients for treatment or training.
61. Reception of intellectually handicapped patients for treatment or training.
62. Preliminary report on intellectually handicapped patients.
63. Notification of reception, death, departure or discharge of intellectually handicapped
patients.
64. Visiting of intellectually handicapped patients.
65. Period of detention of intellectually handicapped patients.
66. Discharge of intellectually handicapped patients.
67. Right of intellectually handicapped patient to appeal to Mental Health Review Tribunal .
PART IX
MENTAL HOSPITAL BOARDS AND SPECIAL BOARDS
68. Establishment and procedures of mental hospital boards.
69. Funds and property of mental hospital boards.
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70. Visits by members of mental hospital boards.

71. Reports, plans, etc., of mental hospital boards.
72. Mental hospital boards may discharge patients.
73. Special boards.
74. Annual reports of mental hospital boards.
PART X
MENTAL HEALTH REVIEW TRIBUNAL
75. Establishment and composition of Mental Health Review Tribunal.
76. Functions of Mental Health Review Tribunal.
77. Sittings of Mental Health Review Tribunal.
78. Power of Mental Health Review Tribunal to summon witnesses and receive evidence.
79. Inquiries by Mental Health Review Tribunal into institutions, etc.
80. Applications to Mental Health Review Tribunal for inquiry into grounds of detention.
81. Appeals to Mental Health Review Tribunal.
82. Appeals to Supreme Court against decisions of Mental Health Review Tribunal.
PART XI
CARE AND ADMINISTRATION OF PROPERTY OF MENTALLY DISORDERED OR
INTELLECTUALLY HANDICAPPED PERSONS
83. Interpretation in Part XI.
84. Magistrate to inquire into and report on patient’s property or estate.
85. Steps to be taken for protection of patient’s property and maintenance of his dependents
pending appointment of curator.
86. Appointment of curator for care and administration of patient’s estate.
87. Functions and remuneration of curator.
88. Curator may be authorized or required to do certain things.
89. Commencement and duration of duties of curator and Master.
90. Failure of curator to lodge accounts.
91. Removal of curator from office.
92. Care and administration of estates of patients who are not detained.
93. Delegation of functions of Master.
94. Recognition of external curators.
PART XII
ADMISSION OF PATIENTS FROM OTHER STATES OR TERRITORIES
95. Interpretation in Part XII.
96. Designated countries.
97. Admission of patients from designated countries.
98. Detention of patients from designated countries who were mentally disordered when they
committed offences.
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99. Return to designated countries of persons liable to be detained in respect of offences.

100. Application of Cap. 7:14.
PART XIII
OFFENCES AND PENALTIES
101. Detaining patients except in accordance with this Act.
102. False statements.
103. Ill-treatment of patients.
104. Assisting patients to absent themselves without leave, etc.
105. Obstruction.
106. Unlawful sexual intercourse with patients.
PART XIV
GENERAL
107. Declaration of place in lieu of special institution.
108. Designated persons.
109. Saving of power of High Court to declare persons mentally ill and to appoint curators.
110. Information to be given to detained patients and patients in single care.
110A. Application for sterilisation of mentally disordered or intellectually handicapped female
person by parent, guardian, spouse etc.
111. Limitation of actions by patients.
112. Examination of patient in connection with prosecution.
113. Mechanical means of restraint.
114. Seclusion of patients.
115. Inquiries.
116. Execution of orders.
117. Escape of patients.
118. Cost of maintaining patients at State institutions.
119. Medical certificates and reports to be evidence of certain facts.
120. Visiting of patients.
121. Examination of patients by students.
122. Minister may authorize removal of patients from Zimbabwe.
123. Patients passing through Zimbabwe.
124. Dissolution of partnership where member is mentally disordered or intellectually
handicapped.
125. Regulations.
126. Construction of references to mentally disordered or defective persons.
127. Repeal of Cap. 15:06 and savings.
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AN ACT to consolidate and amend the law relating to the care, detention and
after-care of persons who are mentally disordered or intellectually
handicapped, whether for the purposes of treatment or otherwise; to provide
for the establishment of various boards and the functions of such boards; to
repeal the Mental Health Act [Chapter 15:06]; and to provide for matters
incidental to or connected with the foregoing.
[Date of commencement: 1st January 20006.]
PART I
PRELIMINARY
1 Short title and date of commencement

(1) This Act may be cited as the Mental Health Act [Chapter 15:12]7.
(2) This Act shall come into operation on a date to be fixed by the President by statutory
instrument [1st January 20008]
2 Interpretation
In this Act—
“Attorney-General”, in relation to any function, includes any person to whom the Attorney-
General has delegated or assigned that function in terms of any law;
“clinical psychologist” means a person registered as a psychologist under the Psychological
Practices Act [Chapter 27:11];
“close relative”, in relation to a patient, means any of the following persons—
(a) the patient’s grandparent, parent, brother, sister, child or grandchild, whether
such relationship arises through blood or adoption;
(b) the patient’s step-grandparent, step-parent, step-brother, step-sister, step-child or
step-grandchild;
(c) where the patient is married, his spouse or his spouse’s grand-parent, parent,
brother or sister;
“designated”, in relation to a medical practitioner, psychiatric nurse, social worker or
clinical psychologist, means named on a list prepared in terms of section one hundred
and eight;
“Government medical officer” means a medical practitioner employed wholly or mainly by
the State;
“High Court” includes a judge in chambers;
“informal patient” means a person who is received as an informal patient in terms of
section forty-seven;
6
Fixed by Statutory Instrument 430B/1999.
7
Chapter number assigned by Statutory Instrument 262/2006.
8
Fixed by Statutory Instrument 430B/1999.
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“institution” means any mental hospital which the Minister, by notice in the Gazette, has
declared to be an institution for the purposes of this Act;
“judge” means a judge of the High Court;
“magistrate”, except in sections twenty-six, twenty-eight, twenty-nine and thirty-eight, does
not include the chief magistrate or a regional magistrate;
“medical certificate” means a certificate referred to in paragraph (b) of section five or
paragraph (c) of subsection (2) of section eleven;
“medical practitioner” means a person who is registered as a medical practitioner in terms
of the Health Professions Act [Chapter 27:19];
“mental hospital” means a hospital, including a hospital that forms part of a prison, for the
reception and detention of two or more mentally disordered or intellectually
handicapped persons;
“mental hospital board” means a mental hospital board established in terms of section
sixty-eight;
“mentally disordered or intellectually handicapped”, in relation to any person, means that
the person is suffering from mental illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or disability of the mind;
“Minister” means the Minister of Health and Child Welfare or any other Minister to whom
the President may, from time to time, assign the administration of this Act;
“patient” means a person—
(a) who is mentally disordered or intellectually handicapped; or
(b) concerning whom proceedings under this Act are considered necessary to
determine whether or not he is mentally disordered or intellectually handicapped;
“psychiatric nurse” means a person who is registered as a psychiatric nurse in terms of the
Health Professions Act [Chapter 27:19];
“psychiatric nurse practitioner” means a person who is registered as a psychiatric nurse
practitioner in terms of the Health Professions Act [Chapter 27:19];
“psychopathic disorder” means a persistent disorder or disability of the mind, whether or
not subnormality of intelligence is present, which—
(a) has existed or is believed to have existed in the patient since before he was
eighteen years old; and
(b) results in abnormally aggressive or seriously irresponsible conduct on the part of
the patient;
“reception order” means an order issued by a magistrate under section eight or twenty-six
for the removal of a patient to, and his reception and detention in, an institution or in
single care;
“Registrar of the High Court” includes an assistant registrar of the High Court;
“Secretary” means the Secretary of the Ministry for which the Minister is responsible;
“single care” means single care as mentioned in subsection (1) of section ten or paragraph
(b) of subsection (2) or (3) of section forty-seven;
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“social worker” means—

(a) a person who is registered as a clinical social worker in terms of the Health
Professions Act [Chapter 27:19]; or
(b) a member of such other class of persons as the Minister, by notice in the Gazette,
has declared to be social workers for the purposes of this Act;
“special board” means a board established in terms of subsection (1) of section seventy-
three as a special board, or directed in terms of the proviso to that subsection to be a
special board;
“special institution” means a mental hospital or other place which the Minister, with the
approval of the Minister responsible for justice, has declared by notice in the Gazette to
be a special institution for the purposes of this Act;
“superintendent”, in relation to an institution, special institution or other place, means the
person in charge of, or the medical superintendent of, that institution, special institution
or other place;
“temporary patient” means a person who is received as a temporary patient in terms of
section fifty-three;
“urgency application” means an application made in terms of section eleven.
3 Persons not to be received or detained as patients except in accordance with

this Act
No person shall be received or detained as a patient in an institution, special institution or
other place except under an order of a magistrate or the High Court or otherwise in accordance
with this Act.
PART II
RECEPTION OF CERTIFIED PATIENTS
4 Application for reception order

(1) Subject to this Part, an application for a reception order in respect of a person who is
believed to be mentally disordered or intellectually handicapped shall be made in the prescribed
form by a close relative of the patient or by any other person who has attained the age of
eighteen years.
(2) In an application in terms of subsection (1), the applicant shall state—
(a) that he believes the patient is mentally disordered or intellectually handicapped; and
(b) the grounds on which he believes the patient is mentally disordered or intellectually
handicapped; and
(c) the degree of consanguinity or affinity in which the applicant is related to the patient
and if he is not a close relative, the reason why the application is made by him instead
of by a close relative; and
(d) that the applicant has personally seen the patient within the seven days preceding the
day on which the application was signed.
(3) An application in terms of subsection (1) shall be made or sent to the magistrate not
more than seven days after the day on which it was signed.
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(4) All statements in connection with an application in terms of subsection (1) shall be
verified by the affidavit or affirmation of the applicant.
5 Magistrate may examine patient and shall obtain medical certificates

On receipt of an application for a reception order in terms of section four, the magistrate—
(a) may himself examine the patient named in the application; and
(b) whether or not he examines the patient, shall obtain from two medical practitioners
certificates in the prescribed form as to the patient’s mental state:
Provided that—
(i) if only one medical practitioner is available, the magistrate may obtain
the second such certificate from a psychiatric nurse practitioner or from a
designated psychiatric nurse, social worker or clinical psychologist;
(ii) at least one of the medical certificates shall be given by a Government
medical officer, unless a relative of the patient otherwise requests.
6 Magistrate may order apprehension of patient

A magistrate to whom an application for a reception order has been made in terms of
section four may, if he thinks fit and if it appears that the patient named in the application will
not appear voluntarily, at any time before the reception order has been made, authorize a police
officer to apprehend the patient and bring him before the magistrate to be examined and dealt
with in accordance with this Part.
7 Proceedings to be in private
All proceedings in relation to a reception order shall be conducted in private:
Provided that, at the request of a close relative of the patient concerned, the proceedings
may be conducted in public if the magistrate thinks fit.
8 Issue of reception order

(1) If the magistrate, on consideration of an application for a reception order in terms of
section four and the medical certificates obtained in terms of section five, and after such other
inquiry as he thinks fit, is satisfied that the patient concerned is mentally disordered or
intellectually handicapped, and—
(a) is of suicidal tendency or in any way dangerous to himself or to others; or
(b) has committed or attempted to commit any offence or has acted in a manner offensive
to public decency; or
(c) is excessively dependent on alcohol or illicit drugs; or
(d) in the case of a psychopathic disorder, requires to be detained; or
(e) has no fixed abode;
the magistrate may, subject to this Part, issue a reception order in the prescribed form directing
that the patient be removed to, and received and detained in, an institution to be named in the
order.
(2) No reception order shall be granted in terms of subsection (1) unless each medical
certificate—
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(a) shows that the person who issued the certificate has personally examined the patient
not more than fourteen days before the date of the reception order; and
(b) contains the particulars required by section twenty, including, in the case of a patient
who is believed to be suffering from a psychopathic disorder; the particulars specified
in paragraph (i) of that section.
(3) A magistrate shall not issue a reception order on the basis of any medical certificate
unless he is satisfied that the facts indicating mental disorder or intellectual handicap specified
in the medical report warrant the issue of the reception order.
9 Detention under reception order

(1) After the issue of a reception order the patient shall, subject to section ten, be removed
to the institution named in the order as soon as possible and, pending such removal, the
magistrate may issue such order as he thinks fit for the care, control and detention of the patient
at his home or place of abode or elsewhere.
(2) The superintendent of the institution named in a reception order shall receive and detain
the patient in his institution upon the patient’s being removed thereto in terms of subsection (1).
(3) A reception order shall authorize the detention of the patient named therein for not
more than six weeks.
10 Detention under reception order of patient in single care

(1) Subject to this section, a magistrate may, in a reception order issued by him, direct that
the patient concerned shall be received, treated and detained in single care in a private dwelling-
house and not in an institution.
(2) A magistrate shall not issue a direction in terms of subsection (1) unless the persons
who issued the relevant medical certificates have certified that it would be safe and convenient
for the patient to be received, treated and detained as provided in subsection (1).
(3) Before issuing a direction in terms of subsection (1), the magistrate or a person
appointed by him for the purpose shall satisfy himself through personal examination that the
householder is a fit and proper person to have charge of the patient and consents thereto and that
the dwelling-house, its equipment and its surroundings are suitable for the reception, treatment
and detention of the patient.
(4) A patient in single care shall, as often as is prescribed or as may be directed by the
Secretary, be visited by a medical practitioner approved by the Secretary:
Provided that the first such visit shall be made within six months after the issue of the
direction in terms of subsection (1).
(5) The provisions of this Part relating to the reception, treatment and detention of patients
in an institution shall apply, mutatis mutandis, to the reception, treatment and detention of
patients in single care.
(6) The provisions of this Act relating to the discharge, escape, transfer or death of patients
shall apply to patients in single care.
(7) A magistrate who has issued a reception order with a direction in terms of subsection
(1) may, at any time during its continuance, by endorsing the order, authorize the patient to be
removed to, and to be received and detained in, a named institution and, within twenty-four
hours of such endorsement, shall notify the Attorney-General of such removal.
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11 Urgency applications
(1) In cases of urgency where it is necessary for the welfare of a patient or in the public
interest that a patient should forthwith be placed under care, assessment, treatment or control,
the person in charge of a suitable place may receive and detain the patient on the authority of an
application made in terms of this section.
(2) An urgency application—
(a) shall be made in writing in the prescribed form and shall state—
(i) that the applicant believes that the patient is mentally disordered or
intellectually handicapped; and
(ii) the grounds on which the applicant believes that the patient is mentally
disordered or intellectually handicapped; and
(iii) the degree of consanguinity or affinity in which the applicant is related to the
patient and, if he is not a close relative, the reason why the application is made
by him instead of by a close relative; and
(iv) that the applicant has personally seen the patient within the forty-eight hours
preceding the time of application; and
(v) that the matter is one of urgency; and
(b) shall be signed by the applicant; and
(c) shall be accompanied by a certificate from a medical practitioner or psychiatric nurse
practitioner which—
(i) indicates that the medical practitioner or psychiatric nurse practitioner, as the
case may be, has personally examined the patient not more than forty-eight
hours before the time of the application; and
(ii) contains the particulars required by section twenty, including, in the case of a
patient who is believed to be suffering from a psychopathic disorder, the
particulars specified in paragraph (i) of that section.
(3) No person shall sign an urgency application unless he is at least eighteen years of age.
(4) Where a patient has been received into a suitable place on an urgency application, the
person in charge of that place shall, within twenty-four hours or, if a Sunday or public holiday
intervenes, within twenty-four hours exclusive of the Sunday or public holiday—
(a) notify a magistrate in writing of the patient’s admission; and
(b) send the magistrate the urgency application and the accompanying medical certificate.
(5) A magistrate who has been notified in terms of subsection (4) of a patient’s admission
on an urgency application shall, within fourteen days of the patient’s admission or, if an order
has been issued under subsection (2) of section fourteen, within fourteen days of the date on
which the order becomes effective, proceed in the same way as if the application had been made
in terms of section four.
(6) Where an urgency application has been made and it is necessary for force to be used to
remove the patient concerned to a suitable place for care, assessment, treatment or control, the
applicant may apply to a magistrate for the issue of an order for the patient’s apprehension and
his removal to a suitable place for care, assessment treatment and control, and the magistrate
may issue such an order if he considers that the circumstances require it.
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12 Magistrate or designated officer may order apprehension in certain cases

(1) In this section—
“designated officer” means—
(a) a provincial administrator, in respect of the province for which he has been
appointed; or
(b) a district administrator or district officer, in respect of the district for which he
has been appointed; or
(c) any other employee of the State or of a local authority who is declared by the
Minister, by notice in the Gazette, to be a designated officer in respect of the area
specified in the notice.
(2) If information on oath is given to a magistrate that a person is believed to be mentally
disordered or intellectually handicapped and is—
(a) dangerous to himself or others; or
(b) wandering at large and unable to take care of himself;
the magistrate may by order require a police officer to apprehend the person and bring him
before any magistrate with jurisdiction in the area where the person is found.
(3) If a magistrate is not available, an application referred to in subsection (2) may be made
to a designated officer for the area in which the person concerned is alleged to be wandering at
large, and the designated officer may make an order referred to in that subsection.
(4) A magistrate before whom a patient is brought in terms of subsection (2) shall, if he
considers it necessary for the public safety or for the welfare of the patient, issue an order
directing the patient’s removal to a hospital, prison or other suitable place for examination, and
a person in charge thereof shall receive and detain the patient:
Provided that:
(i) subject to proviso (ii), the patient shall not be removed to, or received in, a prison or a
police station he cannot be otherwise controlled and it is impossible to receive him
immediately in a hospital or other suitable place which has facilities for his reception;
(ii) the patient may be removed to, and received in, a prison or police station whilst in the
course of being removed to a hospital or other suitable place for examination.
(5) The person in charge of any hospital, prison, police station or other place who has
received a patient in terms of subsection (4) shall forthwith obtain the advice of a medical
practitioner or psychiatric nurse practitioner and, as soon as possible thereafter—
(a) make an application in terms of section four for a reception order or an urgency
application in terms of section eleven in respect of that patient; or
(b) cause an application to be made in terms of section fifty-three for the reception and
treatment of that patient as a temporary patient in terms of Part VII:
Provided that this subsection shall no apply to the person in charge of a prison or a police
station who has received a patient in terms of proviso (ii) to subsection (4).
(6) A patient shall not be detained under an order issued in terms of subsection (4) for more
than fourteen days from the date the order was issued, unless a magistrate has ordered the
patient’s further detention in terms of subsection (7).
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(7) A magistrate may issue an order directing a patient’s further detention for not more than
fourteen days after the expiry of the period referred to in subsection (6), if the medical
practitioner or psychiatric nurse practitioner responsible for examining the patient applies for
such an order and the magistrate is satisfied that it will be in the patient’s best interests to issue
it.
13 Powers and duties of police officers in regard to certain patients

(1) Subject to subsection (2), if a police officer has reason to believe that any person is
mentally disordered or intellectually handicapped and—
(a) is not under safe and proper care, treatment or control; or
(b) is neglected or cruelly treated by any person having the care or charge of him; or
(c) is of suicidal tendency or in any way dangerous to himself or to others; or
(d) acts in a manner offensive to public decency;
the police officer shall forthwith either apply in terms of section four for a reception order in
respect of that patient or cause such an application be made.
(2) If a police officer believes that—
(a) a person is apparently mentally disordered or intellectually handicapped and is—
(i) dangerous to himself or to others; or
(ii) wandering at large and unable to take care of himself;
and
(b) it is necessary for the public safety or for the welfare of the patient that before other
proceedings are taken under this Act the patient should forthwith be placed under care
and control;
he may, without warrant or order, apprehend and convey the patient to a hospital, prison or
other suitable place for examination, and the person in charge of that hospital, prison or place
shall receive and detain the patient:
Provided that—
(i) subject to proviso (ii), the patient shall not be removed to, or received in, a prison or a
police station unless he cannot be otherwise controlled and it is impossible to receive
him immediately in a hospital or other suitable place which has facilities for his
reception;
(ii) the patient may be removed to, and received in, a prison or a police station whilst in
the course of being removed to a hospital or other suitable place for examination.
(3) Subject to subsection (5), the person in charge of any hospital, prison, police station or
other place who has received a patient in terms of subsection (2) shall—
(a) forthwith obtain the advice of a medical practitioner or psychiatric nurse practitioner
and, as soon as possible thereafter, make an application in terms of section four for a
reception order or an urgency application in terms of section eleven in respect of that
patient;
(b) whether or not he has received the advice of a medical practitioner or a psychiatric
nurse practitioner, within twenty-four hours of the patient’s admission or, if a Sunday
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or public holiday intervenes, within twenty-four hours exclusive of the Sunday or

public holiday, notify a magistrate in writing of the patient’s admission:
Provided that this subsection shall not apply in relation to the person in charge of a prison
or a police station who has received a patient in terms of proviso (ii) to subsection (2).
(4) On receipt of a notification in terms of paragraph (b) of subsection (3), the magistrate
may issue an order for the further detention of the patient and, in making such an order, the
magistrate may order the patient’s removal to any other hospital, prison, police station or other
suitable place for examination, and the person in charge of that hospital, prison, police station or
place shall receive and detain the patient therein:
Provided that a patient shall not be detained under an order issued in terms of this
subsection for more than fourteen days from the date the order was issued unless a magistrate
has ordered the patient’s further detention in terms of subsection (5).
fourteen days after the expiry of the period referred in the proviso to subsection (4), if the
medical practitioner or psychiatric nurse practitioner responsible for examining the patient
applies for such an order and the magistrate is satisfied that it will be in the patient’s best
interests to issue it.
(6) Where a magistrate has, in terms of subsection (4), ordered a patient to be removed to,
and detained in another place, paragraph (a) of subsection (3) shall cease to apply to the person
in charge of the hospital, prison, police station or other place from which the patient has been
removed.
14 Period of detention in urgency cases

(1) No person shall be detained under an urgency application for more than fourteen days,
unless a magistrate has ordered the patient’s further detention in terms of subsection (2).
fourteen days after the expiry of the period referred to in subsection (1), if the medical
practitioner or psychiatric nurse practitioner responsible for examining the patient in the place
where the patient is detained applies for such an order and the magistrate is satisfied that it will
be in the patient’s best interests to issue it.
15 Release of patient
If, on inquiry, a magistrate refuses to issue a reception order in respect of a patient detained
under section eleven, twelve or thirteen, he shall—
(a) forthwith give notice of his refusal to the person in charge of the place where the
patient is detained and, after that person has received the notice, it shall not be lawful
to continue to detain the patient; and
(b) take all necessary steps to return the former patient to the place from which he was
brought, and any expenses incurred therein shall be paid from moneys appropriated for
the purpose by Act of Parliament.
16 Attorney-General ex officio curator ad litem of patients

(1) Subject to subsection (3), the Attorney-General shall be the official curator ad litem of a
person who is detained—
(a) under an order granted by a magistrate or the High Court under this Act; or
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(b) as a temporary patient or in terms of Part VIII.

(2) The High Court may, at the request of the Attorney-General—
(a) appoint a curator of the person for any person referred to in subsection (1), either
generally or for a specific purpose;
(b) revoke any appointment made in terms of paragraph (a).
(3) In addition to his powers as curator ad litem, the Attorney-General may exercise, in
relation to a person referred to in subsection (1), any powers that could be exercised by a curator
of the person:
Provided that where the High Court has, in terms of subsection (2) or otherwise, appointed a
curator of the person, the Attorney-General may not exercise any powers that are exercisable by
that curator of the person.
17 Orders and reports to be submitted to Attorney-General and Registrar or High

Court
(1) A magistrate who issues a reception order shall without delay send a copy of it, together
with copies of the depositions, if any, and medical certificates or reports upon which he acted in
issuing the reception order and his own report, to the Attorney-General.
(2) Where a patient is being detained on the authority of a reception order in a place other
than an institution, the magistrate shall, within ten days after issuing the reception order, send
the Attorney-General a report which—
(a) has been made by a medical practitioner or psychiatric nurse practitioner who has been
in attendance on the patient; and
(b) describes the patient’s mental state during the period of his detention since the issue of
the reception order; and
(c) is based upon an examination of the patient made not less than two or more than ten
days after the date of the reception order.
(3) The magistrate shall provide the Attorney-General with such additional reports, if any,
as may be prescribed and shall comply with any other requirements that are prescribed.
(4) Where a patient has been received in an institution on the authority of a reception order,
the superintendent of the institution shall, within ten days after the patient’s reception, send the
Attorney-General a report which—
(a) has been made by a medical practitioner or psychiatric nurse practitioner who has been
in attendance on the patient; and
(b) describes the patient’s mental state during the period of his detention since the issue of
the reception order; and
(c) is based upon an examination of the patient made not less than two or more than ten
days after the date of his admission.
(5) On receiving from a magistrate any order, deposition or report in terms of this section,
the Attorney-General shall forthwith examine it and, if he considers it necessary, may require
further depositions, statements and reports to be furnished.
(6) As soon as possible after examining any order, deposition and report in terms of
subsection (5) and before the date of expiry of the reception order, the Attorney-General shall,
unless the person to whom the order relates has already been discharged under this Act, send the
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order and all the depositions, statements and reports to the Registrar of the High Court for
consideration by a judge in chambers.
18 Powers of judge on consideration of reception order and documents

(1) Upon consideration of an order and any depositions, statements and reports submitted
in terms of section seventeen, a judge may do any of the following—
(a) if satisfied that an order for the patient’s further detention should be made forthwith,
make such an order, either for a definite or an indefinite period, as he considers
necessary;
(b) direct that a summons or notice be served upon the patient and the Attorney-General,
calling on them to appear and show cause why the patient should not be declared to be
mentally disordered or intellectually handicapped and his detention as such confirmed;
(c) appoint or authorize the appointment of a curator, either for the care of the patient’s
person or for the care and administration of his property or for both such purposes;
(d) direct a social worker or other suitable person to investigate and report on the patient’s
probable economic, social, physical and other circumstances if he is discharged;
(e) direct the patient’s discharge if his discharge seems justified in the light of evidence as
to his physical and mental health and his probable economic, social, physical and other
circumstances following such discharge;
(f) direct that any summons, notice or other process be issued and the proceedings in the
case be continued free of any stamp duty or fee of office, and order that service of any
process under this section he made in such manner as seems expedient;
and generally give such directions as he considers necessary and proper.
(2) Notwithstanding that it appears to the judge that any requirement of this Act has not
been fully complied with, he may make an order or give a direction under subsection (1) if, in
his opinion, the non-compliance is immaterial and has not caused prejudice to any person.
(3) The Registrar of the High Court shall send three copies of any order made or direction
given by a judge under subsection (1) to the Attorney-General, who shall send one copy to the
person who has custody of the patient and one to the Secretary.
19 Secretary may order patient’s removal to institution or other place

(1) The Secretary may, at any time after—
(a) a magistrate has issued a reception order for the detention of a mentally disordered or
intellectually handicapped person; or
(b) the High Court has declared a person to be mentally disordered or intellectually
handicapped;
by warrant, order the removal of the patient from the institution or place where he is detained to
another institution or place, there to be detained until discharged under this Act or transferred to
some other place, and the patient shall be so removed and detained in accordance with the terms
of the warrant:
Provided that the Secretary shall not order such a patient to be transferred to a prison or a
special institution.
(2) Where the Secretary issues a warrant in terms of subsection (1) in respect of a person
referred to in paragraph (a) of that subsection before the High Court has declared him to be
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mentally disordered or intellectually handicapped, the Secretary shall cause notice of the
warrant to be sent to the Attorney-General.
20 Particulars to be contained in medical certificates

A person who gives a medical certificate shall, in addition to the facts indicating mental
disorder or intellectual handicap which he observed in the patient immediately before giving the
certificate, state in the certificate, so far as he is able—
(a) any further facts indicative of mental disorder or intellectual handicap in the patient
which he observed on any other occasion, and the date of that occasion; and
(b) any facts communicated to him by others which indicate mental disorder or intellectual
handicap in the patient, and the names and addresses of the persons who
communicated those facts; and
(c) what, in his opinion, are the factors which have caused the patient’s mental disorder or
intellectual handicap; and
(d) whether, in his opinion, the patient is suicidal or in any way dangerous to himself or to
others; and
(e) what treatment, if any, the patient has received in respect of his mental condition; and
(f) what is the patient’s physical health and condition, with special reference to the
presence or absence of any communicable disease and any recent injury; and
(g) the reasons why he considers it necessary, in the interests of the patient’s health and
safety or for the protection of other persons, that the patient should be detained in an
institution; and
(h) whether other methods of dealing with the patient are available and, if so, why they are
not appropriate; and
(i) in the case of a patient whom he believes to be suffering from a psychopathic disorder
—
(i) the patient’s conduct or behaviour which causes him to believe that the patient
is suffering from a psychopathic disorder; and
(ii) the sources from which he has gained his knowledge of the patient’s conduct or
behaviour; and
(iii) if the patient has attained the age of eighteen years, the grounds on which it is
believed that the disorder or mental handicap has existed in the patient since
before he was eighteen years old.
21 Persons ineligible to sign medical certificates

(1) Except in the case of an urgency application, a magistrate shall not accept a medical
certificate for the purposes of this Part if it has been signed by—
(a) the applicant for a reception order; or
(b) a medical or other officer of any private institution into which the reception order, if
issued, would authorize the patient to be received; or
(c) the householder of any dwelling-house into which the reception order, if issued, would
authorize the patient to be received as a patient in single care; or
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(d) any person who has an interest in any payments to be received on account of the
patient; or
(e) a close relative, partner, principal or assistant of the patient or the guardian or trustee
of the patient or of any other person mentioned in paragraph (a), (b), (c) or (d); or
(f) the Secretary or a member of the Mental Health Review Tribunal, a mental hospital
board or a special board.
(2) A medical certificate shall not be accepted under this Part if it has been signed by a
close relative, partner, principal or assistant of any other medical practitioner or other person
who has given a medical certificate in respect of the same application.
(3) A medical certificate shall contain a statement from the medical practitioner or other
person signing it—
(a) that he is not prohibited by this Act from signing the certificate; and
(b) where appropriate, that he is registered under the Health Professions Act [Chapter
27:19].
22 Periodical reports on patients

(1) The superintendent of an institution or other place in which a patient is detained shall
send to the Secretary—
(a) for the first three years, annually; and
(b) subsequently, every three years;
a report in the prescribed form as to the patient’s mental and physical condition:
Provided that, in the case of a patient who had not attained the age of sixteen years when the
reception order relating to him was issued, a special report as to his mental and physical
condition shall be sent within three months after he attains the age of sixteen years.
(2) A report in terms of subsection (1) shall be sent in the year concerned in the month
corresponding to that in which the patient was admitted to the institution or other place.
(3) If the Secretary is not satisfied with a report sent in terms of subsection (1) he may—
(a) call for such further information as he thinks fit; or
(b) himself visit and examine the patient to ascertain his mental and physical condition; or
(c) instruct a medical practitioner appointed by him for the purpose to examine the patient
and report on his mental and physical condition.
(4) After making any visit or considering any information or report received in terms of
subsection (3), the Secretary may order the discharge of the patient or give such other directions
as he thinks fit in relation to the care, treatment or custody of the patient:
Provided that a patient detained under Part III or IV shall not be discharged except as
permitted in terms of the Part concerned.
23 Amendment of applications, orders and certificates

(1) If an application for a reception order or a reception order is found, whether before the
reception of the patient or within one month thereafter, to he incorrect or deficient in any
respect, any magistrate may permit the application to be amended or, as the case may be, may
amend the reception order.
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(2) If a medical certificate is found, whether before the reception of the patient or within
one month thereafter, to be incorrect or deficient in any respect not relating to the mental state
of the patient, the medical practitioner or other person who gave the certificate may amend it,
with the consent of a magistrate.
(3) A reception order or medical certificate which has been amended in terms of subsection
(1) or (2) shall have effect as if the amendment had been contained in it when the order or
certificate was originally issued or signed, as the case may be.
24 Power of superintendent to discharge patients

(1) Notwithstanding any other provision of this Act and without derogation from the
powers of a mental hospital board under section seventy-two, a superintendent may discharge
from his institution or other place any person lawfully detained under this Act, if he is satisfied
that the person is not mentally disordered or intellectually handicapped or no longer requires
detention in the institution or other place, as the case may be:
Provided that a patient detained under Part III or IV shall not be discharged except as
permitted in terms of the Part concerned.
(2) If a superintendent discharges any patient in terms of subsection (1), he shall—
(a) forthwith notify a magistrate, in writing, of the patient’s discharge; and
(b) in the case of an informal patient, notify the Secretary in terms of section forty-three.
(3) A superintendent may at any time refer to a mental hospital board for inquiry and
consideration in terms of section seventy-two the case of any patient detained in his institution
or other place.
25 Appeal to Mental Health Review Tribunal

(1) Subject to this section, an appeal shall lie to the Mental Health Review Tribunal against
the continued detention of a patient who is detained in an institution or other place in terms of
this Part.
(2) An appeal in terms of subsection (1) may be made—
(a) by the patient concerned; or
(b) by the patient’s guardian; or
(c) if the patient is not a minor, by his curator, spouse, close relative or friend who is not a
minor.
(3) Except with the consent of the Mental Health Review Tribunal, not more than one
appeal in respect of any patient shall be heard by the Tribunal in each year following the
patient’s admission to the institution or other place.
(4) Section eighty-one shall apply to the noting of an appeal in terms of subsection (1), the
procedure to be followed, and the Mental Health Review Tribunal’s powers on such an appeal.
PART III
PROVISIONS RELATING TO MENTALLY DISORDERED OR INTELLECTUALLY HANDICAPPED
PERSONS IN CUSTODY
26 Power of magistrate to order examination and treatment of accused persons

- 19 -
“magistrate” includes the chief magistrate and any regional magistrate.

(2) Without derogation from section twenty-seven or twenty-eight, if a person appears
before a magistrate for the purpose of—
(a) remand; or
(b) any other purpose prior to arraignment;
on a charge of committing an offence which the magistrate considers will not merit
imprisonment without the option of a fine or a fine exceeding level three, and the magistrate has
reason to believe that the person is mentally disordered or intellectually handicapped, the
magistrate may order that the proceedings against the person be stayed for a definite or an
indefinite period, and may—
(i) order the person to submit himself for examination and additionally, or
alternatively, treatment in any institution or other place in terms of Part VI; or
(ii) order the person’s guardian, spouse or close relative to make an application for
the person to be received for examination and additionally, or alternatively,
treatment in any institution or place in terms of Part VII or Part VIII; or
(iii) order two medical practitioners to examine the person and inquire into and
report on his mental state:
Provided that, if only one medical practitioner is available, the magistrate
may order a psychiatric nurse practitioner or a designated psychiatric nurse,
social worker or clinical psychologist to examine the person concerned and
inquire into and report on his mental state;
and may give such directions for the person’s release from custody or continued detention or
transfer to an institution or other place as he considers necessary to ensure that the person’s
mental state is examined and additionally, or alternatively, that he receives appropriate
treatment.
(3) An order or direction under subsection (2) may be given subject to such conditions as
the magistrate think fit.
(4) If the magistrate, after considering medical reports given pursuant to an order under
subsection (2) and such other evidence as he thinks fit, finds that the person concerned is
mentally disordered or intellectually handicapped and—
(a) is of suicidal tendency or in any way dangerous to himself or to others: or
(b) has committed or attempted to commit any offence or has acted in a manner offensive
to public decency; or
(c) is excessively dependent on alcohol or illicit drugs; or
(d) in the case of a psychopathic disorder, requires to be detained; or
(e) has no fixed abode;
the magistrate may issue a reception order in the prescribed form directing that the person—
(i) be removed to, and received and detained in, an institution to be named in the
order; or
(ii) subject to section ten, be received, treated and detained in single in a private
dwelling-house and not in an institution;
and the procedure laid down in Part II shall thereafter be followed.
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(5) Notwithstanding any other law, but subject to the terms and conditions of the order
concerned, where a magistrate has ordered in terms of subsection (2) that proceedings against a
person be stayed, no further proceedings shall be taken against that person in relation to the
offence in connection with which he appeared before the magistrate until—
(a) the period, if any, specified in the order has expired; or
(b) any examination or treatment ordered to be undergone by that person has been
completed; or
(c) the magistrate, or another magistrate of equivalent jurisdiction, revokes the order; or
(d) the order is set aside by the Mental Health Review Tribunal on an appeal in terms of
section thirty-six.
27 Procedure where person found mentally disordered or intellectually

handicapped while under detention
If it appears to the Attorney-General or to the person in charge of a prison or other place
where a person is being detained—
(a) for the purposes of a preparatory examination, trial or sentence for any offence; or
(b) in terms of any enactment for purposes other than those specified in paragraph (a) and
is not a convicted prisoner;
that the person in detention is mentally disordered or intellectually handicapped, the Attorney-
General or the person so in charge, as the case may be, shall without delay report the fact to a
magistrate of the province in which the person concerned is being detained:
Provided that, if the person is under detention for the purposes of a preparatory examination
or trial which has already commenced, the report required by this subsection shall be made to
the judicial officer presiding at the preparatory examination or trial, and that judicial officer
shall then proceed under section twenty-eight.
(2) Within twenty-four hours after receiving a report in terms of subsection (1), the
magistrate or other judicial officer shall direct two medical practitioners to examine the person
concerned and to inquire into his mental state, and after such examination the medical
practitioners shall certify in writing in the prescribed form as to the person’s mental state:
Provided that, if only one medical practitioner is available, the magistrate or judicial officer
may direct a psychiatric nurse practitioner to examine the person concerned, inquiry into his
mental state and provide the second certificate required by this subsection.
(3) If the magistrate or other judicial officer, on consideration of the certificates provided in
terms of subsection (2) and after such other inquiry as he thinks fit—
(a) is satisfied that the person concerned is mentally disordered or intellectually
handicapped and, in the case of a person referred to in paragraph (a) of subsection (1),
would not be able to understand the nature of any criminal proceedings or properly to
conduct his defence, he shall issue one of the following orders—
(i) order that the person be removed to, and detained in an institution; or
(ii) if it appears to him from the medical or other evidence that the person is a
danger to others and a certificate in terms of subsection (2) which has been
given by a designated medical practitioner recommends that the person be
- 21 -
detained in a special institution, order that the person be removed to, and
detained in, a special institution; or
(iii) if the magistrate or judicial officer considers that the offence in respect of
which the person is undergoing a preparatory examination or with which he is
charged or of which he has been convicted, as the case may be, will not merit
imprisonment without the option of a fine or a fine exceeding level three, order
the proceedings against the person to be stayed for a definite or indefinite
period, and—
A. order the person to submit himself for treatment in any institution or
other place in terms of Part VI; or
B. order the person’s guardian, spouse or close relative to make an
application for the person to be received for treatment in any institution
or place in terms of Part VII or Part VIII;
and give such directions for the person’s release from custody or continued detention
or transfer to an institution or other place as he considers necessary to ensure that the
person receives appropriate treatment;
(b) is unable to conclude whether or not the person concerned is mentally disordered or
intellectually handicapped or whether, in the case of a person referred to in paragraph
(a) of subsection (2), he would be able to understand the nature of any criminal
proceedings or properly to conduct his defence, the magistrate or judicial officer may
issue an order—
(i) directing that the person be removed to an institution and detained there for
examination:
Provided that a person shall not be detained in terms of this subparagraph
for more than eight weeks; or
(ii) directing the release of the person, for such period and subject to such
conditions as may be specified in the order, for the purpose of examination of
his mental state.
(4) An order issued under subparagraph (i) or (ii) of paragraph (a) of subsection (3) shall
have the same effect as a reception order and the procedure laid down in Part II shall thereafter
be followed.
(5) An order or direction under subparagraph (iii) of paragraph (a) of subsection (3) may be
given subject to such conditions as the magistrate or other judicial officer thinks fit.
concerned, where a magistrate or other judicial officer has ordered in terms of subsection (3)
that proceedings against a person be stayed, no further proceedings shall be taken against that
person in relation to the offence in connection with which he appeared before the magistrate or
other judicial officer until—
completed; or
(c) the magistrate or judicial officer, or another magistrate or judicial officer of equivalent
jurisdiction, revokes the order; or
- 22 -
(d) the order is set aside by the Mental Health Review Tribunal on an appeal in terms of
section thirty-six.
(7) A person who is detained under an order issued in terms of paragraph (b) of subsection
(3) shall, whilst so detained, be deemed to be in the lawful custody of the person in charge of
the place in which he was detained before his removal to the institution.
28 Procedure where person found mentally disordered or intellectually

handicapped during preparatory examination or trial
(2) If, at any time during a preparatory examination against, or trial of, any person—
(a) it appears to the judge or magistrate presiding at the preparatory examination or trial
that the person is mentally disordered or intellectually handicapped; or
(b) a report in terms of the proviso to subsection (1) of section twenty-seven is received by
the judge or magistrate presiding at the preparatory examination or trial that the person
appears to be mentally disordered or intellectually handicapped;
the judge or magistrate shall inquire into that person’s mental state.
(3) For the purposes of inquiring into a person’s mental state in terms of subsection (2), the
judge or magistrate may—
(a) adjourn the preparatory examination or trial for such period, not exceeding fourteen
days, as he thinks fit and remand the person to the custody of the officer in charge of a
prison; and
(b) direct two medical practitioners to examine the person and inquire into his mental state
and, after such examination, the medical practitioners shall certify in writing in the
prescribed form as to the person’s mental state:
Provided that if only one medical practitioner is available, the judge or magistrate may
direct a psychiatric nurse practitioner to examine the person concerned, inquire into his mental
state and provide the second certificate required by this paragraph.
(4) If the judge or magistrate, on consideration of the medical evidence and such other
evidence as he thinks fit, finds that the person concerned is mentally disordered or intellectually
handicapped and would not be able to understand the nature of any criminal proceedings or
properly to conduct his defence, he shall record that finding and issue one of the following
orders—
(a) in the case of a judge—
(i) order that the person be removed to an institution and detained there for a
definite or an indefinite period; or
detained in a special institution, order that the person be removed to a special
institution and detained there for a definite or an indefinite period; or
(iii) if the judge considers that the offence with which the person is charged will not
merit imprisonment without the option of a fine or a fine exceeding level three,
- 23 -
order the proceedings against the person to be stayed for a definite or an

indefinite period, and—
person receives appropriate treatment;
(b) in the case of a magistrate—
(i) order that the person be removed to, and detained in, an institution; or
detained in a special institution, order that the person be removed to, and
detained in, a special institution; or
(iii) if the magistrate considers that the offence in respect of which the person is
undergoing a preparatory examination or with which he is charged, as the case
may be, will not merit imprisonment without the option of a fine or a fine
exceeding level three, order the proceedings against the person to be stayed for
a definite or an indefinite period, and—
person receives appropriate treatment.
(5) An order made—
(a) by a judge under subparagraph (i) or (ii) of paragraph (a) of subsection (4) may include
provision for any matter referred to in paragraph (c) of subsection (1) of section
eighteen and shall have the same effect as an order made under that subsection;
(b) by a magistrate under subparagraph (i) or (ii) of paragraph (b) of subsection (4) shall
have the same effect as a reception order, and the procedure laid down in Part II shall
thereafter be followed.
(6) An order or direction under subparagraph (iii) of paragraph (a) or (b) of subsection (4)
may be given subject to such conditions as the judge or magistrate, as the case may be, thinks
fit.
concerned, where a judge or magistrate has ordered in terms of subsection (4) that proceedings
against a person be stayed, no further proceedings shall be taken against that person in relation
- 24 -
to the offence in connection with which he appeared before the judge or magistrate, as the case
may be, until—
completed; or
(c) a judge revokes the order; or
(d) in the case of an order made by a magistrate, that magistrate, or another magistrate of
equivalent jurisdiction, revokes the order; or
(e) the order is set aside by the Mental Health Review Tribunal on an appeal in terms of
section thirty-six.
(8) The Registrar of the High Court shall send a copy of any order made by a judge in
terms of paragraph (a) of subsection (4) to a magistrate of the province in which the patient was
residing immediately before he was detained in custody for the purposes of his preparatory
examination or trial or for examination in terms of this section, as the case may be.
(9) If the judge or magistrate is unable to conclude whether or not the person concerned is
mentally disordered or intellectually handicapped or whether he would be able to understand the
nature of any criminal proceedings or properly to conduct his defence, the judge or magistrate
may issue an order—
(a) directing that the person be removed to an institution and detained there for
examination:
Provided that a person shall not be detained in terms of this subparagraph for
more than eight weeks; or
(b) directing the release of the patient, for examination such period and subject to such
conditions as may be specified in the order, for the purpose of examination of his
mental state.
(10) A person who is detained in terms of subsection (9) shall be deemed, whilst so
detained, to be in the lawful custody of the officer in charge of the prison in which he was
detained before his removal to the institution.
(11) Notwithstanding anything to the contrary contained in the law relating to criminal
procedure, where any person is found in terms of subsection (4) to be mentally disordered or
intellectually handicapped and, prior to the finding, he has been called upon to plead to the
indictment, summons or charge, he shall not be entitled to demand that he be either acquitted or
convicted.
29 Procedure where person charged is found mentally disordered or

intellectually handicapped at time of committing offence
“act” includes an omission;
(2) If a judge or magistrate presiding over a criminal trial is satisfied from evidence,
including medical evidence, given at the trial that the accused person did the act constituting the
offence charged or any other offence of which he may be convicted on the charge, but that when
he did the act he was mentally disordered or intellectually handicapped so as to have a complete
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defence in terms of section 227 of the Criminal Law Code 9, the judge or magistrate shall return
a special verdict to the effect that the accused person is not guilty because of insanity, and may
—
(a) order the accused person to be returned to prison for transfer to an institution or special
institution for examination as to his mental state or for treatment; or
(b) if the judge or magistrate considers that, had the accused person been convicted of the
offence concerned, he would not have been sentenced to imprisonment without the
option of a fine or to a fine exceeding level three, order—
(i) the accused person to submit himself for examination and additionally, or
alternatively, treatment in any institution or other place in terms of Part VI; or
(ii) the accused person’s guardian, spouse or close relative to make an application
for the person to be received for examination and additionally, or alternatively,
treatment in any institution or place in terms of Part VII or Part VIII;
and may give such orders as may be appropriate for the accused person’s release from
custody for the purpose of such examination or treatment; or
(c) if the judge or magistrate is satisfied that the accused person is no longer mentally
disordered or intellectually handicapped or is otherwise fit to be discharged, order his
discharge and, where appropriate, his release from custody.
(3) Certified copies of an order referred to in paragraph (a) of subsection (2) shall forthwith
be sent by the registrar or clerk of the court concerned to—
(a) a magistrate of the province in which the accused person was residing immediately
before he was detained in custody for the purposes of his trial or in terms of subsection
(2), as the case may be; and
(b) the officer in charge of the prison to which the accused person has been returned; and
(c) the superintendent of the institution to which the accused person is to be transferred
under the authority of that order.
(4) Within fourteen days after a patient has been received into an institution or special
institution pursuant to an order under paragraph (a) of subsection (2), the superintendent of the
institution or special institution shall issue a certificate in the prescribed form as to the patient’s
mental state and shall send the certificate to a special board with a copy to the Attorney-
General.
(5) Upon receipt of a certificate sent to it in terms of subsection (4), and after making such
inquiry as it thinks necessary, the special board shall make recommendations as to the patient’s
release or his further detention, care, management and treatment, and shall send the
recommendations to the Mental Health Review Tribunal with a copy to the Attorney General.
9
Words "so as to have a complete defence in terms of section 227 of the Criminal Law Code" as
substituted for previous words by 282 of as read with Part XX of Sixth Schedule to Criminal Law Code
(Criminal Law (Codification and Reform) Act [Chapter 9:23] (Act No. 23 of 2004) with effect from the 1st
July 2006. Previous words were "so as not to be responsible for the act". For text of section 227 of Criminal
Law Code and related provisions in Part V ("Mental Disorder") of Chapter XIV ("General Defences and
Mitigating Factors") of the Criminal Law Code, please refer to the Appendix at the end this document. (Note
by Veritas: in amending this provision the Criminal Law Code mistakenly referred to section 248 of the Code,
which has nothing to do with mental disorder as a defence to criminal charges; we have accordingly referred to
the correct provision, which is section 227.)
- 26 -
(6) The Mental Health Review Tribunal, after considering any recommendations sent to it
in terms of subsection (5), may give such directions as it thinks fit regarding the release,
detention, care, management and treatment of the patient concerned.
(7) Pending the decision of the Mental Health Review Tribunal under subsection (6), the
superintendent of the institution or special institution in which the patient concerned is detained
may, by warrant in the prescribed form addressed to the officer in charge of a prison, direct that
the patient be detained in that prison.
(8) Subject to section thirty-four and to any directions given by the Mental Health Review
Tribunal in terms of subsection (6), a patient detained in terms of this section may be moved
from any institution or other place to any other institution or place by the Secretary if, in the
Secretary’s opinion, it is desirable for the patient’s care, treatment or control that he be so
moved.
(9) Where a magistrate returns a special verdict in terms of subsection (2), the verdict shall
be subject to review by a judge, and subsections (1) and (4) of section 57 of the Magistrates
Court Act [Chapter 7:10] and section 29 of the High Court Act [Chapter 7:06], shall apply,
mutatis mutandis, in relation to the proceedings concerned.
(10) A special verdict in terms of subsection (1) shall be regarded as a conviction for the
purposes of any appeal or reservation of a question of law, and sections 34 to 41 and 44 of the
High Court Act [Chapter 7:06] and sections 9 to 19 of the Supreme Court Act Chapter 7:13]
shall apply, mutatis mutandis, in relation to the proceedings concerned:
Provided that, for all other purposes, a special verdict shall be regarded as an acquittal.
30 Procedure where convicted prisoner found to be mentally disordered or

intellectually handicapped
(1) Whenever it appears to the officer in charge of a prison that a convicted prisoner in his
charge is mentally disordered or intellectually handicapped, he shall forthwith report the fact to
the nearest magistrate.
(2) Within twenty-four hours after receiving a report in terms of subsection (1), the
magistrate shall direct two medical practitioners, one of whom shall, if practicable, be the
medical officer of the prison, to examine the prisoner concerned and to inquire into his mental
state, and after such examination each medical practitioner shall certify, in writing in the
prescribed form, as to the prisoner’s mental state:
Provided that, except in the case of a prisoner who is under sentence of death, if two
medical practitioners are not available the magistrate may direct a psychiatric nurse practitioner
to examine the prisoner, inquire into his mental state and give the second certificate required by
this subsection.
(3) Subject to subsection (4), if the magistrate, on consideration of the certificates provided
in terms of subsection (2) and after such other inquiry as he thinks fit, is satisfied that the
prisoner is mentally disordered or intellectually handicapped, he shall—
(a) issue an order directing that the prisoner be removed to, and detained in, an institution;
or
(b) if it appears to him that the prisoner is a danger to others and a certificate in terms of
subsection (2) which has been given by a designated medical practitioner recommends
that the prisoner be detained in a special institution, issue an order directing that the
prisoner be removed to, and detained in a special institution.
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(4) In the case of a prisoner under sentence of death, the magistrate shall, on receipt of the
medical certificates in terms of subsection (2), whether they are to the effect that the prisoner is
mentally disordered or intellectually handicapped or not, forthwith transmit them, together with
his own report, to the Minister responsible for justice, who shall thereupon ascertain the
decision of the President as to the disposal of the prisoner.
(5) An order issued under subsection (3) shall have the same effect as a reception order,
and the procedure laid down in Part II shall thereafter be followed.
(6) An order issued under subsection (3) and any order of a judge for the further detention
of a prisoner in an institution shall have the effect of suspending the warrant under which the
prisoner is detained in prison.
31 Attorney-General to be informed before discharge of certain patients

(1) A patient who is detained under an order issued in terms of section twenty-seven or
twenty-eight shall not be discharged from the institution, special institution or other place in
which he is detained unless the superintendent of the institution, special institution or other
place has given the Attorney-General at least fourteen days’ notice of the proposed discharge
and informed the Attorney-General, in writing, whether or not the patient is able to understand
the nature of criminal proceedings and properly to conduct his defence therein:
Provided that this subsection shall not apply—
(a) if the Attorney-General has informed the superintendent of the institution, special
institution or other place that he has decided not to proceed with the prosecution of the
patient; or
(b) where the patient is being transferred to another institution, special institution or other
place for further examination or treatment.
(2) On receipt of notice of a patient’s discharge given in terms of subsection (1), the
Attorney-General may, if he decides to proceed with the prosecution of the patient, issue a
warrant for the patient’s removal to a prison, and the patient shall be removed to and detained in
the prison on the authority of that warrant.
32 Power of Attorney-General to withdraw charges

(1) Notwithstanding anything to the contrary in this Part and without derogation from the
Attorney-General’s powers under any other law, if it appears to the Attorney-General that any
person—
(a) against whom criminal charges are pending; or
(b) who is being tried for an offence but who has not yet been convicted;
is mentally disordered or intellectually handicapped or was so disordered or handicapped when
he allegedly committed the offence, the Attorney-General may decline to prosecute him or
withdraw charges against him, as the case may be, on condition that he undergo such medical
treatment for the disorder or handicap as the Attorney-General may specify.
(2) Notwithstanding any other law, if a person referred to in subsection (1) fails to comply
with any condition imposed by the Attorney-General in terms of that subsection, the Attorney-
General may institute fresh proceedings against him in respect of the offence concerned.
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33 Periodical reports on detained patients

The superintendent of an institution, special institution or other place in which a patient is
detained under this Part shall submit a report to the Secretary as to the mental condition of the
patient at such intervals as are specified in subsection (1) of section twenty-two.
34 Transfer of patients detained under this Part

The Secretary may at any time, by warrant, order the removal of a patient who is detained in
an institution or special institution under this Part to any other institution, special institution or
other place, there to be detained until lawfully discharged under this Act or transferred to some
other place, and the patient shall be so removed and detained in accordance with the terms of
the warrant:
Provided that—
(i) a patient such as is described in subsection (4) of section thirty shall not be transferred
except on a report from a special board, unless he is being transferred to a hospital for
treatment and the Secretary considers that the degree of urgency is such that it would
be dangerous to delay the transfer;
(ii) a patient shall not be transferred to a prison without the previous consent in writing of
the Director of Prisons.
35 Discharge of patients detained under this Part

(1) Subject to this section, the Mental Health Review Tribunal may order the discharge of
any patient who is detained under this Part, except a patient detained in a special institution.
(2) A patient who is detained in an institution or other place for which a mental hospital
board has been established shall not be discharged in terms of subsection (1) unless the mental
hospital board has reported on the patient’s mental state and the desirability or otherwise of his,
discharge, and the Mental Health Review Tribunal has considered the report.
(3) A discharge in terms of subsection (1) may be either absolute or conditional.
(4) When a patient is conditionally discharged under this section—
(a) a report on his mental state, and on any further care or treatment he may require, shall
be made to the Secretary by such persons. at such times and containing such
particulars as may be required by the warrant of discharge or by regulations, and the
Secretary shall transmit the report to the Minister responsible for justice together with
his observations on them; and
(b) if any of the conditions of the patient’s discharge appear to the Minister responsible for
justice to have been broken, he shall submit a statement of the case to the Mental
Health Review Tribunal, which may issue a warrant directing that the patient be taken
into custody and removed to an institution, special institution or other place named in
the warrant, and thereupon the patient may be taken and shall be received, detained
and treated in that institution, special institution or other place as though he had been
removed to it in accordance with an order of a judge issued in terms of this Act.
(5) Conditions under which a patient is discharged in terms of subsection (1) may include a
condition that he be admitted to any institution as a temporary patient in terms of Part
VII or as a patient in terms of Part VIII.
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(6) Where the Mental Health Review Tribunal makes an order in terms of subsection (1) for the
discharge of a patient who is under sentence of death—
(a) the superintendent of the institution or other place in which the patient is detained shall
forthwith send a copy of the order to the Minister responsible for justice, who shall
ascertain the decision of the President as to the disposal of the patient; and
(b) the patient shall not be discharged from the institution or place which he is detained
until the President’s decision is known; and
(c) the patient shall thereafter be dealt with as the President may direct.
36 Appeal to Mental Health Review Tribunal in certain cases

(1) Subject to this section, an appeal shall lie to the Mental Health Review Tribune against
—
(a) the continued detention of a patient in an institution or other place under an order or
direction given in terms of section twenty-six, twenty-seven or thirty;
(b) any order or direction given in terms of section twenty-six, subparagraph (iii) of
paragraph (a) of subsection (3) of section twenty-seven, subparagraph (iii) of paragraph
(a) or (b) of subsection (4) of section twenty eight or paragraph (b) or (c) of subsection
(2) of section twenty-nine.
minor;
and, in the case of an appeal against an order or direct if paragraph (b) of subsection (1), by the
Attorney-General.
appeal in terms of subsection (1) against the continued detention of any patient shall be heard by
the Tribunal in each year following the patient’s admission to the institution or other place.
(4) Section eighty-one shall apply to the noting of an appeal in subsection (1), the
procedure to be followed and the Mental Health Review Tribunal’s powers on such an appeal.
PART IV
MENTALLY DISORDERED OR INTELLECTUALLY HANDICAPPED PATIENTS WHO
ARE DANGEROUS
37 Admission to special institutions of mentally disordered or intellectually

handicapped patients who are dangerous
(1) Notwithstanding section eight or twenty-six—
(a) if it appears to a magistrate, on considering—
(i) the medical certificates relating to an application made in terms of section four
for a reception order; or
(ii) the medical certificate accompanying an urgency application made in terms of
section eleven; or
- 30 -
(iii) the medical certificates given pursuant to an order made in terms of subsection
(2) of section twenty-six; that the patient concerned is a danger to others; and
(b) one of the medical certificates is given by a designated medical practitioner and
recommends that the patient be detained in a special institution;
the magistrate, in issuing a reception order, may direct that the patient be removed to, and
received and detained in, a special institution.
(2) If the superintendent of an institution in which a patient is detained under the authority
of a reception order or an order made in terms of section eighteen submits to a magistrate the
reports in the prescribed form of any two or more medical practitioners, at least one of whom is
a designated medical practitioner, who—
(a) certify that the patient is a danger to others; and
(b) recommend that the patient be transferred to a special institution;
the magistrate may issue an order directing that the patient be removed to, and detained in, a
special institution and shall thereupon cause a copy of the order to be sent to the Attorney-
General for submission to a judge in chambers.
(3) Without derogation from section eighteen, a judge who considers an order referred to in
subsection (1) or (2) may—
(a) if he is satisfied that the patient is a danger to others and that a designated medical
practitioner recommends the patient’s detention in a special institution, confirm the
magistrate’s order; or
(b) if he is not so satisfied, issue an order directing the patient’s transfer to an institution.
(4) The Registrar of the High Court shall send three copies of any order made by a judge in
terms of subsection (3) to the Attorney-General, who shall send one copy to the superintendent
of the institution or special institution concerned and another to the Secretary.
38 Powers of court in criminal cases in relation to mentally disordered or

intellectually handicapped persons who are dangerous
(2) Where a judge or magistrate presiding over criminal proceedings finds that the accused
person is mentally disordered or intellectually handicapped but is able to understand the nature
of the proceedings and properly to conduct his defence, and evidence has been adduced that two
medical practitioners, one of whom is a designated medical practitioner, are of the opinion that
the accused person is a danger to others—
(a) if the court acquits the accused person, the judge or magistrate, notwithstanding, any
other law, may order that the accused person be returned to prison and subsequently be
transferred to, and detained in, a special institution specified in the order:
Provided that an order made by a magistrate in terms of this paragraph shall not
authorize the accused person’s detention in a special institution for more than eight
weeks;
(b) if the court convicts the accused person, the judge or magistrate who passes sentence
may, in addition to any sentence he may impose, order that the accused person be
- 31 -
returned to prison and subsequently be transferred to, and detained, in a special

institution specified in the order:
Provided that—
(i) subject to proviso (ii), this paragraph shall not apply if the accused person is
sentenced to death;
(ii) if the accused person is sentenced to death and the death sentence is
subsequently commuted, the President may direct that the accused person be
transferred to, and detained in, a special institution.
(3) Where a judge or magistrate makes an order in terms of paragraph (a) or (b) of
subsection (2), the registrar or clerk of the court concerned shall forthwith send a certified copy
of the order—
(a) to the officer in charge of the prison in which the accused person has been detained or
to which he has been returned; and
(b) to the superintendent of the special institution to which the accused person is to be
transferred;
and
(c) where the order has been made by a judge, to a magistrate of the province in which the
accused person was residing.
(4) Where a magistrate makes an order in terms of paragraph (a) of subsection (2), he shall,
within three weeks, send a copy of the order, together with a record of the proceedings, to the
Attorney-General who shall, before the expiry of the order, submit the papers to the Registrar of
the High Court for consideration by a judge in chambers.
(5) A judge, on considering an order submitted to him in terms of subsection (4), may—
(a) if he is satisfied that an order for the patient’s further detention should be made,
forthwith order the patient’s detention in a special institution for a definite or indefinite
period, and such an order may include provision for any matter referred to in
paragraph (c) of subsection (1) of section eighteen and shall have the same effect as an
order made under that section; or
(b) direct that the patient be discharged immediately;
and generally give such directions as appear to him to be appropriate.
(6) Where a judge or magistrate has made an order in terms of paragraph (b) of subsection
(2)—
(a) if, as a result of any sentence imposed, the patient is required to undergo any period of
imprisonment, the imprisonment shall be served in the special institution:
Provided that the patient may be transferred from the special institution to a prison if the order is
set aside on review or appeal;
(b) notwithstanding any other law, the patient shall not be sentenced to receive any
corporal punishment.
(7) Where a magistrate has made an order in terms of paragraph (b) of subsection (2), the
order shall be subject to review by a judge, and subsections (1) and (4) of section 57 of the
Magistrates Court Act [Chapter 7:10] and section 29 of the High Court Act [Chapter 7:06] shall
apply, mutatis mutandis, in relation to the proceedings concerned.
- 32 -
(8) An order made in terms of paragraph (b) of subsection (2) shall be regarded as a
conviction for the purpose of any appeal or reservation of a question of law, and sections 34 to
41 of the High Court Act [Chapter 7:06] and sections 9 to 19 of the Supreme Court Act
[Chapter 7:13] shall apply, mutatis mutandis, in relation to the proceedings concerned.
39 Discharge of patients from special institutions

(1) Subject to this section, the Mental Health Review Tribunal may order—
(a) the discharge, either absolute or conditional; or
(b) the transfer to an institution;
of a patient received into a special institution:
Provided that the Tribunal shall not order the discharge or transfer of a patient received into
a special institution in terms of Part III unless a special board has reported on the patient’s
mental state and the desirability or otherwise of his discharge and, where appropriate, has made
proposals for his after-care, and the Mental Health Review Tribunal has considered the report.
(2) Subsections (4) and (5) of section thirty-five shall apply, mutatis mutandis, in respect of
a patient discharged conditionally in terms of subsection (1).
40 Appeal to Mental Health Review Tribunal in respect of detention in special

institution
the continued detention of a patient who is detained in a special institution.
minor.
appeal in respect of any patient shall be heard by the Tribunal in each year following the
patient’s admission to a special institution.
procedure to be followed, and the Mental Health Review Tribunal’s powers on such an appeal.
PART V
PATIENTS RESIDING IN PRIVATE DWELLING-HOUSES
41 Power of Secretary to authorize detention of patient in private dwelling-house

(1) If—
(a) a mentally disordered or intellectually handicapped person is residing in a private
dwelling-house with relatives or other persons who receive no remuneration for his
maintenance or care; and
(b) the mental disorder or intellectual handicap has continued for three months and is of
such a nature as to require compulsory confinement in the dwelling-house or restraint
or coercion of any kind and for any period;
- 33 -
the person who has charge of the patient shall inform a magistrate for the province in which the
dwelling-house is situated of the patient’s circumstances and shall send the magistrate at least
one certificate signed by a medical practitioner as to—
(i) the patient’s mental and physical condition; and
(ii) the reasons, if any, which make it desirable for the patient to remain under
private care.
(2) On receipt of a report and certificate in terms of subsection (1), the magistrate shall
send them, together with his comments on them and such other documents as he thinks
necessary, to the Secretary, who may order that—
(a) the patient shall continue to be detained in the private dwelling-house under such
conditions of care, treatment and control as the Secretary may specify; or
(b) steps be taken by the person who has charge of the patient to obtain a reception order
for the patient or to have the patient admitted for temporary treatment in terms of Part
VII.
42 Number of patients that may be detained in one private dwelling-house

The occupier of a private dwelling-house shall ensure that not more than one mentally
disordered or intellectually handicapped person resides or is detained or kept in the dwelling-
house, whether in terms of section forty-one or otherwise, at any one time unless—
(a) the other patient or patients are members of the same family; and
(b) the Secretary has given permission in writing for the patients to reside in the same
private dwelling-house.
43 Power of magistrate to investigate treatment of patients in private dwelling-

houses
On receipt of any report or information that a patient who resides or is detained in a private
dwelling-house is wrongly or cruelly treated or neglected in any manner, a magistrate may visit
the patient in the private dwelling-house and may make such inquiries and investigation as he
thinks necessary, whether by himself or through a psychiatric nurse practitioner, a designated
psychiatric nurse, social worker or clinical psychologist or a police officer, and thereafter shall
take such proceedings in the matter as may be necessary.
44 Visiting of patients detained in private dwelling-houses

(1) A magistrate shall appoint a medical practitioner approved by the Secretary to visit each
patient who is detained under an order in terms of section forty-one within the magistrate’s
province, and the medical practitioner so appointed—
(a) shall visit the patient at least once in every three months and at such other times as the
Secretary may direct; and
(b) after each visit in terms of paragraph (a), shall—
(i) enter, his name and address and the date and time of his visit in a book to be
kept in the dwelling-house concerned by the person who has charge of the
patient; and
- 34 -
(ii) complete a report in the prescribed form on the patient’s mental and physical
state and on the suitability of the dwelling-house in which the patient is
detained; and
(c) during the first visit in terms of paragraph (a), shall ensure that the patient has been
advised of his right to appeal to the Mental Health Review Tribunal in terms of section
forty-five.
(2) Within seven days after each visit in terms of subsection (1), the person who has charge
of the patient shall send the Secretary a copy of the medic practitioner’s report made in terms of
subparagraph (ii) of paragraph (b) of that subsection.
(3) On receipt of a copy of a report sent to him in terms of subsection (2), the Secretary
may order—
(a) such modifications to the care, treatment or control of the patient concerned as he
thinks appropriate; or
(b) that the patient concerned be transferred to an institution.
(4) The Secretary shall send a copy of any order made by him in terms of subsection (3) to
the magistrate for the province in which the private dwelling-house concerned is situated, and
the magistrate shall ensure that the order is implemented.
45 Right of patient detained in private dwelling-house to appeal to Mental Health

Review Tribunal
the continued detention of a patient in a private dwelling-house under an order in terms of
section forty-one.
(c) if the patient is not a minor, by his curator, spouse, close relative or friend who is not
minor.
appeal in respect of any patient shall be heard by the Tribunal in each year following the issue
of the order in terms of section forty-one for the patient’s detention in the private dwelling-
house concerned.
procedure to be followed in such an appeal and the Mental Health Review Tribunal’s powers on
such an appeal.
PART VI
INFORMAL ADMISSION AND TREATMENT OF PATIENTS AND PATIENTS IN SINGLE CARE
46 Places that may receive informal patients

(1) The Minister may authorize any hospital, nursing-home or other place to receive
patients in terms of this Part for treatment as informal patients without a reception order.
- 35 -
(2) An authority in terms of subsection (1) may be absolute or subject to such conditions as
the Minister thinks fit.
(3) The Minister may at any time revoke an authority in terms of subsection (1) or amend
any of the conditions subject to which it was given:
Provided that before doing so the Minister shall afford the person in charge of the hospital,
nursing-home or place concerned an opportunity to make representations in the matter, unless
the revocation or amendment is made at his request.
47 Reception and detention of informal patients and patients in single care

“guardian”, in relation to a person who has not attained his majority, includes anyone who
has charge of that person.
(2) If a person who has attained his majority wishes to submit himself informally to
treatment for mental disorder or intellectual handicap, he may on written application—
(a) be received and detained without a reception order as an informal patient—
(i) in any institution; or
(ii) in any hospital, nursing-home or other place which is authorized in terms of
section forty-six to receive such patients;
or
(b) be received into the charge of a person authorized by the Secretary to receive him as a
patient in single care.
(3) If the parent or guardian of a person who has not attained his majority wishes that
person to be treated informally for mental disorder or intellectual handicap, that person may, on
written application by the parent or guardian—
(a) be received and detained without a reception order as an informal patient—
(i) in any institution; or
(ii) in any hospital, nursing-home or other place which is authorized in terms of
section forty-six to receive such patients;
or
(b) be received into the charge of a person authorized by the Secretary to receive him as a
patient in single care;
but the patient shall not be so received on his own application.
(4) An application by a parent or guardian in terms of subsection (3) shall be accompanied
by a medical recommendation which—
(a) is signed by—
(i) a medical practitioner who has attended the patient for at least three months
before the date of the recommendation; or
(ii) a medical practitioner, psychiatric nurse practitioner, designated psychiatric
nurse, designated social worker or designated clinical psychologist who is
employed by the State or a local authority;
and
- 36 -
(b) states—
(i) the qualifications of the medical practitioner or other person who has signed it;
and
(ii) the date or dates on which the medical practitioner or other person who has
signed it examined the patient: and
(iii) that the patient is likely to benefit by being received informally and treated for
mental disorder or intellectual handicap under this section.
(5) A medical recommendation shall cease to have effect for the purposes of subsection (4)
fourteen days after the person who signed the recommendation last examined the patient for the
purpose of making the recommendation.
48 Notice of reception, death, departure or discharge of informal patients

(1) The superintendent of an institution or other place into which a person has been
received as an informal patient shall, before the end of the second day after the day on which he
was so received, inform the Secretary, in writing, of the patients reception.
(2) If a patient received into all institution or other place as an informal patient dies in,
leaves or disappears from that institution or place, the superintendent of the institution or place
shall, before the end of the second day after the day of its occurrence, inform the Secretary, in
writing, of the patient’s death, departure or disappearance.
(3) Where an informal patient is discharged in terms of section twenty-four from the
institution or other place into which he was received under this Part, the superintendent of the
institution or place shall inform the Secretary, in writing, of the discharge not later than ten days
after discharging the patient.
49 Departure of informal patients, from institution or place

“guardian”, in relation to a person who has not attained his majority, includes anyone who
has charge of that person.
(2) Subject to subsections (3) and (4), an informal patient may leave the institution or other
place in which he is being detained—
(a) if he has attained his majority, upon giving the superintendent of the institution or
other place at least one week’s written notice of his intention to do so; or
(b) if he has not attained his majority, upon his parent or guardian giving the
superintendent of the institution or other place at least one week’s notice written of the
intention to do so:
Provided that the superintendent may permit the patient to leave on less than one week’s
notice.
(3) If it appears to a medical practitioner employed at all institution or other place in which
an informal patient is detained that the patient is mentally disordered or intellectually
handicapped to such a degree that it is necessary, in the interests of his health or welfare or the
safety of others, to restrain him from leaving the institution or place, the medical practitioner—
(a) may direct that the patient be detained in the institution or place for not more than
seventy-two hours; and
- 37 -
(b) if he gives a direction in terms of paragraph (a), shall immediately notify the
superintendent of the institution or place, who shall forthwith send the Secretary a
written report as to the patient’s mental and physical condition.
(4) If it appears to a psychiatric nurse practitioner or a psychiatric nurse that—
(a) an informal patient is mentally disordered or intellectually handicapped to such a
degree that it is necessary, in the interests of his health or welfare or the safety of
others, to restrain him from leaving the institution or other place in which he is
detained; and
(b) it is impractical to secure the immediate attendance of a medical practitioner to
examine the patient for the purposes of subsection (3);
the psychiatric nurse practitioner or psychiatric nurse may direct that the patient be detained in
the institution or other place for not more than twenty-four hours.
(5) On receipt of a report in terms of subsection (3), the Secretary may—
(a) direct that the patient be dealt with as if an application for his admission into the
institution or other place concerned had been made in terms of section fifty-three; or
(b) direct that an application be made for a reception order in respect of the patient; or
(c) direct that the patient be discharged; or
(d) give such other order or direction with respect to the case as he thinks fit.
50 Procedure where doubt arises as to continued consent to treatment of

informal patient
(1) If an informal patient who has attained his majority becomes incapable, though mental
disorder or intellectual handicap, of expressing himself as willing or unwilling to continue to
receive treatment—
(a) he shall not thereafter be detained in the institution or place as an informal patient for
more than twenty-eight days unless in the meantime he has regained his power of
expression; and
(b) the superintendent of the institution or place in which the patient is detained shall send
the Secretary a written report as to the patient’s circumstances and his mental and
physical condition.
(2) If—
(a) an informal patient who has not attained his majority ceases to have a parent or
guardian; or
(b) the parent or guardian of an informal patient referred to in paragraph (a) is incapable
performing his duties as such, or refuses or persistently neglects to perform them;
the superintendent of the institution or place in which the patient is detained shall forthwith send
the Secretary a written report as to the patient’s circumstances and his mental and physical
condition.
(3) On receipt of a report in terms of subsection (1) or (2), the Secretary may—
(a) direct that the patient be dealt with as if an application for his admission into the
institution or other place concerned had been made in terms of section fifty-three or
sixty-one; or
- 38 -
(b) direct that an application be made for a reception order in respect of the patient; or
(c) direct that the patient be discharged; or
(d) give such other order or direction with respect to the case as he thinks fit.
51 Application of Part to patients in single care

Sections forty-eight, forty-nine and fifty shall apply, mutatis mutandis, to any patient
received into single care in terms of subsection (2) or (3) of section forty-seven as if the person
into whose charge the patient is received were the superintendent of an institution.
PART VII
TEMPORARY TREATMENT WITHOUT CERTIFICATION
52 Places that may receive patients for temporary treatment

patients in terms of this Part for temporary treatment without a reception order.
the revocation or amendment is made at his request.
53 Reception of temporary patients

(1) Subject to this Part, the superintendent of an institution or of a hospital, nursing-home
or other place that has been authorized in terms of section fifty-two may, without a reception
order, receive, accommodate and treat as a temporary patient a person who—
(a) is mentally disordered or intellectually handicapped, whether or not he is capable of
expressing volition; and
(b) is likely to benefit from temporary treatment but, on account of his mental state, is
unfit to be received and treated as an informal patient under Part VI.
(2) An application for the reception of a temporary patient in terms of subsection (1) shall
be made in the prescribed form to the superintendent of the institution or other place concerned
by—
(i) the patient’s guardian, where the patient is a minor; or
(ii) the patient’s spouse; or
(iii) a close relative of the patient, if the patient is unmarried or is married but his spouse is
not available:
Provided that, if the superintendent is satisfied that the patient’s guardian, spouse or close
relative, as the case may be, is not available, he may accept an application made by a medical
practitioner, a clinical psychologist, a social worker employed by the State or a local authority
or a nurse registered under the Health Professions Act [Chapter 27:19 ] or by a member of any
other class of persons that may be prescribed.
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(3) An application in terms of subsection (2) shall be accompanied by a medical

recommendation in the prescribed form which—
(a) is signed by a medical practitioner who, if practicable, shall be the patient’s usual
medical attendant or by a psychiatric nurse practitioner:
Provided that the medical recommendation shall not be signed by a person who is
prohibited by section twenty-one from signing a medical certificate; and
(b) states—
(i) the qualifications of the medical practitioner or psychiatric nurse practitioner
who has signed it; and
(ii) that the medical practitioner or psychiatric nurse practitioner who has signed it
is not prohibited from doing so; and
(iii) the date or dates on which the medical practitioner or psychiatric nurse
practitioner who has signed it examined the patient; and
(iv) that the patient is likely to benefit by being received, accommodated and
treated as a temporary patient in terms of this Part.
—
(a) five days after it was signed; or
(b) fourteen days after the person who signed it last examined the patient for the purpose
of making the recommendation;
whichever occurs earlier.
(5) Where a magistrate is satisfied that reasonable force will be needed to secure the
removal of a patient to an institution or other place for temporary treatment in terms of this
section, the magistrate may, on the application of the person who applied for the patient’s
reception in terms of subsection (2), issue an order authorizing the use of reasonable force,
including the forcible entry of premises, for the purpose.
54 Preliminary report on temporary patients

Within seventy-two hours after the reception of a patient in terms of section fifty-three, the
superintendent of the institution or other place in which the patient is detained, or the medical
practitioner treating the patient therein, shall prepare a written report on the patient’s mental
state and, if he is satisfied that the patient is not mentally disordered or intellectually
handicapped, shall discharge the patient forthwith.
55 Notification of reception, death, departure or discharge of temporary patients

received as a temporary patient shall, before the end of the third day after the day on which he
was so received—
(a) send the Secretary written notice of his reception, together with a copy of—
(i) the application on which the patient was received; and
(ii) the medical recommendation that accompanied the application; and
(iii) the report referred to in section fifty-four;
and
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(b) send written notice of his reception to the magistrate for the province in which the
patient was residing immediately before his reception:
Provided that, if the patient has already been discharged in terms of section fifty-four, this
section shall not apply.
(2) If a patient received into an institution or other place as a temporary patient dies in,
leaves or disappears from that institution or place, the superintendent of the institution or place
shall, before the end of the second day after the day of its occurrence, inform the Secretary, in
writing, of the patient’s death, departure or disappearance.
(3) Where a temporary patient is discharged in terms of section twenty-four or this Part
from the institution or other place into which he was received as a temporary patient, the
superintendent of the institution or place shall inform the Secretary, in writing, of the discharge
not later than ten days after discharging the patient:
Provided that, if the discharge takes place before the Secretary has been notified in terms of
subsection (1) of the patient’s reception, the superintendent need not inform the Secretary of the
discharge.
56 Visiting of temporary patients detained in places other than institutions

(1) Within one month after the reception of a temporary patient into a hospital, nursing-
home or place, other than an institution, he shall be visited by a medical practitioner who is—
(a) a member of the mental hospital board established for the hospital, nursing-home or
place; or
(b) appointed for the purpose by the Secretary.
(2) If the medical practitioner making the visit in terms of subsection (1) is of the opinion
that—
(a) the patient should be further detained, he shall sign a statement to that effect and leave
it with the superintendent of the hospital, nursing-home or place;
(b) the patient should not be further detained, he shall, before the end of the second day
after the day of the visit, send the Secretary a written report stating his opinion and the
grounds on which it is based, together with such other observations as he thinks fit.
57 Period of detention of temporary patients

(1) Subject to this section, a person received as a temporary patient shall not be detained as
such for longer than six months.
(2) Where it is considered that a temporary patient will not recover within the six-month
period referred to in subsection (1) but that his early recovery seems reasonably probable, one
of the persons mentioned in subsection (2) of section fifty-three may apply to the Secretary in
the prescribed form for an extension of the period of treatment.
(3) An application in terms of subsection (2) shall be accompanied by the recommendation
of the superintendent of the institution or other place in which the temporary patient is being
detained, and by such other evidence as may be prescribed.
(4) After considering an application in terms of subsection (2), the Secretary may authorize
the patient’s detention and treatment as a temporary patient for a further period of up to three
months:
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Provided that the total of the periods authorized upon two or more such applications shall
not exceed six months.
58 Discharge of temporary patients

(1) The Secretary may at any time order that a temporary patient be discharged or that steps
be taken to deal with him under Part II, and the superintendent of the institution or other place in
which the patient is being detained shall forthwith cause the patient to be discharged or dealt
with accordingly.
(2) The person who made the application for the admission of a temporary patient may at
any time request the patient’s discharge, and the superintendent of the institution or other place
in which the patient is being detained shall, within one week of receiving the request, cause the
patient to be discharged accordingly.
(3) The provisions of this Act relating to the discharge of patients detained under Part II
shall apply, mutatis mutandis, to persons detained as temporary patients.
59 Right of temporary patient to appeal to Mental Health Review Tribunal

the continued detention of a temporary patient in terms of this Part.
minor.
such an appeal.
PART VIII
TREATMENT AND TRAINING WITHOUT CERTIFICATION OF INTELLECTUALLY HANDICAPPED
PATIENTS WITH BEHAVIOURAL PROBLEMS
60 Places that may receive intellectually handicapped patients for treatment or

training
patients in terms of this Part for treatment and training without a reception order.
the revocation or amendment was made at his request.
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61 Reception of intellectually handicapped patients for treatment or training

(1) Notwithstanding anything to the contrary in this Act but subject to this Part, the
superintendent of an institution or of a hospital, nursing-home or other place that has been
authorized in terms of section sixty may, without a reception order, receive, accommodate and
treat and additionally, or alternatively, train a person who—
(a) is intellectually handicapped with behavioural problems; and
(b) is likely to benefit from such treatment or training but, on account of his intellectual
handicap, is unfit to be received and treated as an informal patient under Part VI.
(2) An application for the reception of a patient in terms of subsection (1) shall be made in
the prescribed form to the superintendent of the institution or other place concerned by—
(i) the patient’s guardian, where the patient is a minor; or
(ii) the patient’s spouse; or
(iii) a close relative of the patient, if the patient is unmarried or is married but his spouse is
not available:
Provided that, if the superintendent is satisfied that the patient’s guardian, spouse or close
relative, as the case may be, is not available, he may accept an application made by a medical
practitioner, a clinical psychologist, a social worker employed by the State or a local authority
or a nurse registered under the Health Professions Act [Chapter 27:19] or by a member of any
other class of persons that may be prescribed.
(3) An application in terms of subsection (2) shall be accompanied by a medical
recommendation in the prescribed form which—
(a) is signed by a medical practitioner who, if practicable, shall be the patient’s usual
medical attendant, or by a psychiatric nurse practitioner:
Provided that the medical recommendation shall not be signed by a person who is
prohibited by section twenty-one from signing a medical certificate; and
(b) states—
(i) the qualifications of the medical practitioner or psychiatric nurse practitioner
who has signed it; and
(ii) that the medical practitioner or psychiatric nurse practitioner who has signed it
is not prohibited from doing so; and
(iii) the date or dates on which the medical practitioner or psychiatric nurse
practitioner who has signed it examined the patient; and
(iv) that the patient is likely to benefit by being received, accommodated, treated
and additionally, or alternatively, trained in terms of this Part.
—
(a) five days after it was signed; or
(b) fourteen days after the person who signed it last examined the patient for the purpose
of making the recommendation;
whichever occurs earlier.
(5) Where a magistrate is satisfied that reasonable force will be needed to secure the
removal of a patient to an institution or other place for treatment or training in terms of this
- 43 -
section, the magistrate may, on the application of the person who applied for the patient’s
reception in terms of subsection (2), issue an order authorizing the use of reasonable force,
including the forcible entry of premises, for the purpose.
62 Preliminary report on intellectually handicapped patients

Within seventy-two hours after the reception of a patient in terms of section sixty-one, the
superintendent of the institution or other place in which the patient is detained, or the medical
practitioner treating the patient therein, shall prepare a written report on the patient’s mental
state and, if he is satisfied that the patient is not intellectually handicapped with behavioural
problems, shall discharge the patient forthwith.
63 Notification of reception, death, departure or discharge of intellectually

handicapped patients
received as a patient in terms of section sixty-one shall, before the end of the third day after the
day on which he was so received—
(a) send the Secretary written notice of his reception, together with a copy of—
(i) the application on which the patient was received; and
(ii) the medical recommendation that accompanied the application; and
(iii) the report referred to in section sixty-two;
and
(b) send written notice of his reception to the magistrate for the province in which the
patient was residing immediately before his reception:
Provided that, if the patient has already been discharged in terms of section sixty-two, this
section shall not apply.
(2) If a patient received into an institution or other place in terms of section sixty-one dies
in, leaves or disappears from that institution or place, the superintendent of the institution or
place shall, before the end of the second day after the day of its occurrence, inform the
Secretary, in writing, of the patient’s death, departure or disappearance.
(3) Where a patient who has been received into an institution or other place in terms of
section sixty-one is discharged in terms of section twenty-four or this Part from the institution or
other place, the superintendent of the institution or place shall inform the Secretary, in writing,
of the discharge not later than ten days after discharging the patient:
Provided that, if the discharge takes place before the Secretary has been notified in terms of
subsection (1) of the patient’s reception, the superintendent need not inform the Secretary of the
discharge.
64 Visiting of intellectually handicapped patients

(1) Within one month after the reception of a patient in terms of section sixty-one into a
hospital, nursing-home or place, other than an institution, he shall be visited by a medical
practitioner who is—
(a) a member of the mental hospital board established for the hospital, nursing-home or
place; or
(b) appointed for the purpose by the Secretary.
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(2) If the medical practitioner making the visit in terms of subsection (1) is of the opinion
that—
(a) the patient should be further detained, he shall sign a statement to that effect and leave
it with the superintendent of the hospital, nursing-home or place;
(b) the patient should not be further detained, he shall, before the end of the second day
after the day of the visit, send the Secretary a written report stating his opinion and the
grounds on which it is based, together with such other observations as he thinks fit.
65 Period of detention of intellectually handicapped patients

Subject to this Act, a patient received into an institution or other place in terms of section
sixty-one may be detained there for such period as the superintendent considers desirable in the
circumstances.
66 Discharge of intellectually handicapped patients

(1) The Secretary may at any time order that a patient received into an institution or other
place in terms of section sixty-one should be discharged or that steps be taken to deal with him
under Part II, and the superintendent of the institution or other place in which the patient is
being detained shall forthwith cause the patient to be discharged or dealt with accordingly.
(2) The person who made the application in terms of section sixty-one for the admission of
a patient may at any time request the patient’s discharge, and the superintendent of the
institution or other place in which the patient is being detained shall, within one week of
receiving the request, cause the patient to be discharged accordingly:
Provided that the superintendent may apply in terms of section four for a reception order, in
which case—
(a) the superintendent shall—
(i) submit with his application the application referred to in subsection (2) of
section sixty-one; and
(ii) indicate in his application why he considers the patient should not be
discharged and should be the subject of a reception order; and
(b) Part II shall apply, mutatis mutandis, in relation to the application and, unless the
magistrate refuses to issue a reception order, the patient shall not be discharged in
terms of this subsection.
(3) Subject to this Part, the provisions of this Act relating to the discharge of patients
detained under Part II shall apply, mutatis mutandis, to persons detained under this Part.
67 Right of intellectually handicapped patient to appeal to Mental Health Review

Tribunal
the continued detention of a patient in terms of this Part.
minor.
- 45 -
such an appeal.
PART IX
MENTAL HOSPITAL BOARDS AND SPECIAL BOARDS
68 Establishment and procedures of mental hospital boards

(1) The Minister shall establish a board, to be known as the mental hospital board, for
every institution, special institution or other place in which patients are detained:
Provided that the Minister may establish a single board for two or more such institutions,
special institutions or places.
(2) A mental hospital board shall consist of not fewer than five members appointed by the
Minister, of whom—
(a) one shall be a medical practitioner of not less than five years’ standing; and
(b) one shall be a legal practitioner:
Provided that, where the Minister is unable to find a suitable person qualified as required by
paragraph (a) or (b), he shall appoint instead some other person—who, in his opinion, has
suitable medical or legal experience, as the case may be.
(3) The Minister shall designate one member of every mental hospital board to be chairman
of the board.
(4) The terms of office of members of hospital boards and their conditions of service,
including the remuneration and allowances, if any, to be paid to them and the circumstances in
which they are to vacate their offices, shall be as prescribed.
(5) The superintendent of each institution, special institution or place for which a mental
hospital board has been established shall attend every meeting of the board as an advisory
member, but shall have no vote on any issue before the board:
Provided that the superintendent may send a representative to attend on his behalf, unless
the board has required him to attend in person.
(6) At each meeting of a mental hospital board, the superintendent of every institution,
special institution or other place for which the board has been established, or his representative,
shall present a report showing—
(a) the number of patients admitted under each section of this Act since the date of the last
meeting of the board; and
(b) the number of patients discharged since that date; and
(c) the number of patients who have died since that date; and
(d) the number of patients who have been transferred to any other institution, special
institution or place since that date; and
(e) a return of the cases in which mechanical restraint has been imposed since that date;
and
(f) a return of orders for the seclusion of patients made since that date;
- 46 -
and shall bring to the board’s notice any matter affecting the interests or welfare of any patient
that he considers should be brought to the board’s notice.
(7) Subject to this section, the procedure to be observed at meetings of mental hospital
boards shall be as prescribed or as fixed by the Minister from time to time.
(8) Except as provided in this section or as may be prescribed, a mental hospital board shall
have no authority over the superintendent of, or any other officer at, any institution, special
institution or other place for which the board has been established.
69 Funds and property of mental hospital boards

(1) A mental hospital board shall have power to control and administer any funds and other
property that may accrue to it from any source whatsoever, but such funds and property shall be
used only—
(a) for the specific purpose, if any, for which the donor has given the funds or property; or
(b) if no purpose has been specified by the donor, for the benefit of patients at any
institution, special institution or other place for which the board has been established,
including the provision of legal assistance for such patients.
(2) The chairman of a mental hospital board shall be responsible for keeping proper
accounts of the board’s funds and property, and such accounts shall be audited annually by the
Comptroller and Auditor-General.
70 Visits by members of mental hospital boards

(1) At least one member of a mental hospital board shall visit each institution, special
institution or place in respect of which the board has been appointed at least once a month, and
on each visit shall—
(a) personally observe every patient admitted since the previous visit by a member of the
board; and
(b) inspect all facilities and equipment provided at the institution, special institution or
place for the treatment of or use by patients.
(2) At least once every six months, two or more members of a mental hospital board shall
personally observe every patient on the roll of each institution, special institution or place in
respect of which the board has been appointed, except for patients who are absent on parole or
probation, and shall afford every patient an opportunity to make whatever representations he
may wish to make, in person and in private.
(3) A member of a mental hospital board who has made a visit in terms of subsection (1) or
(2) shall report to the board any complaint, request or representation that has been made to him.
(4) A mental hospital board shall investigate every reasonable complaint reported to it in
terms of subsection (3) and shall receive confirmation from the superintendent of the institution,
special institution or place concerned that all patients have had their right to make
representations explained to them.
(5) If a patient had not attained the age of sixteen years when he was received into an
institution, special institution or other place in terms of this Act, the mental hospital board for
the institution, special institution or place in which he is detained shall specially consider his
case within three months after he attains that age.
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71 Reports, plans, etc., of mental hospital boards

A mental hospital board shall—
(a) from time to time, or when called upon by the Minister to do so, make to the Secretary
such suggestions and observations as it considers desirable regarding the welfare of
patients in the institution, special institution or other place for which the board has
been established; and
(b) report to the Secretary the result of any inspection made by it; and
(c) formulate and consider plans for the after-care of patients in the institution, special
institution or other place for which the board has been established.
72 Mental hospital boards may discharge patients

(1) Subject to this Act, a mental hospital board, after proper inquiry, may discharge, either
conditionally unconditionally as it thinks fit, any patient, other than a patient admitted under
Part III or IV, who is in any institution, special institution or place for which the board has been
established, if the board considers the patient has recovered or is otherwise fit for discharge.
(2) A mental hospital board shall record in its minutes any resolution to discharge a patient
in terms of subsection (1).
(3) When any action intended to be taken by a mental hospital board in terms of subsection
(i) is in conflict with the advice given to the board by the superintendent of the institution,
special institution or other place in which the patient is detained, the chairman of the board and
the superintendent shall each submit a written report to the Secretary, who shall decide what
action shall be taken in the matter.
73 Special boards
(1) The Minister shall establish one or more boards, to be known as special boards, for the
purpose of making any recommendation or report required by section twenty-nine, thirty-four or
thirty-nine:
Provided that the Minister may direct that the mental hospital board established for any
institution, special institution or other place shall constitute a special board for the purpose of
making any such report in relation to patients detained in that institution, special institution or
place.
(2) A special board shall consist of not fewer than three members appointed by the
Minister.
(3) The Minister shall designate one member of every special board to be chairman of the
board.
(4) The terms of office of the members of special boards and their conditions of service,
including the remuneration and allowances, if any, to be paid to them and the circumstances in
which they are to vacate their offices, shall be as prescribed.
(5) Subject to this section, the procedure to be observed at meetings of special boards shall
be as prescribed or as fixed by the Minister from time to time.
(6) Except as may be prescribed, a special board shall have no authority over the
superintendent of, or any other officer at, any institution or special institution.
- 48 -
74 Annual reports of mental hospital boards

(1) At least once a year the chairmen of all mental hospital boards shall meet, at a date and
place fixed by the Secretary, for the purpose of preparing an annual report which—
(a) shall outline the activities of the boards during the preceding twelve months; and
(b) shall report on the facilities and treatment provided at the institutions, special
institutions and other places for which the boards have been established; and
(c) may contain proposals for improving the institutional special institutions and other
places for which the boards have been established, or in regard to any other matter
relating to the treatment, care or after-care of mentally disordered or intellectually
handicapped persons.
(2) An annual report prepared in terms of subsection (1) shall be submitted to the Minister,
who shall lay it before Parliament within three months after he receives it.
PART X
MENTAL HEALTH REVIEW TRIBUNAL
75 Establishment and composition of Mental Health Review Tribunal

(1) There is hereby established a tribunal, to be known as the Mental Health Review
Tribunal, which shall consist of—
(a) a chairman, who shall be a judge or former judge of the Supreme Court or the High
Court appointed by the President after consultation with the Judicial Service
Commission; and
(b) a deputy chairman, who shall be a registered legal practitioner of not less than seven
years’ standing, appointed by the President after consultation with the Judicial Service
Commission; and
(c) not fewer than five and not more than ten other members, who shall be appointed by
the Minister after consultation with the chairman of the Tribunal and who shall be
chosen for their ability and experience in psychiatry or the care and welfare of patients
or their suitability otherwise for appointment.
(2) The terms of office of members of the Mental Health Review Tribunal and their
conditions of service, including the remuneration and allowances, if any, to be paid to them,
shall be as prescribed.
(3) In the absence or incapacity for any reason of the chairman of the Mental Health
Review Tribunal, the deputy chairman shall exercise his functions.
(4) Subject to this Act, the procedure to be followed by the Mental Health Review Tribunal
in the exercise of its functions shall be as prescribed or, failing such prescription, as may be
fixed by the chairman.
76 Functions of Mental Health Review Tribunal

The functions of the Mental Health Review Tribunal shall be—
(a) to hear applications and appeals made to it by or on behalf of patients detained in
institutions, special institutions and other places in terms of this Act; and
- 49 -
(b) subject to this Act, to direct the release of patients detained in terms of this Act, where
the Tribunal is satisfied that the patients concerned have recovered or are otherwise fit
for release; and
(c) to take all necessary steps to ensure that patients are accorded the rights to which they
are entitled in terms of this Act and any other law; and
(d) to exercise any other functions that are conferred on the Tribunal by or in terms of this
Act or any other enactment.
77 Sittings of Mental Health Review Tribunal

(1) The Mental Health Review Tribunal may sit at such places and at such times as the
chairman of the Tribunal may determine from time to time.
(2) The functions of the Mental Health Review Tribunal may be exercised by three or more
members sitting alone or assisted by assessors appointed in terms of subsection (3).
(3) With the approval of the chairman of the Tribunal, the person presiding over any sitting
of the Mental Health Review Tribunal may appoint a person with expert knowledge to assist the
Tribunal in an advisory capacity, but the Tribunal shall not be bound by any advice tendered by
such a person.
78 Power of Mental Health Review Tribunal to summon witnesses and receive

evidence
(1) For the purpose of receiving evidence on any question before it, the Mental Health
Review Tribunal shall have, the powers of the High Court to summon witnesses, to cause the
oath to be administered to them, to examine them and to call for the production of books and
documents.
(2) Any person who, without lawful excuse—
(a) at or in the course of any hearing before the Mental Health Review Tribunal, shows
disrespect in speech or manner to or with reference to the Tribunal or any member of
the Tribunal; or
(b) having been summoned to appear before the Mental Health Review Tribunal, fails to
attend or, having attended, refuses to be sworn or fails to remain in attendance until
excused by the person presiding over the Tribunal; or
(c) causes an obstruction or disturbance in the course of a hearing before the Mental
Health Review Tribunal; or
(d) having been sworn at a hearing before the Mental Health Review Tribunal—
(i) refuses to answer any question lawfully put to him; or
(ii) makes a statement material to the question before the Tribunal, knowing the
statement to be false or not knowing or believing it to be true;
shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
(3) Any person summoned to appear before the Metal Health Review Tribunal shall be
entitled to be paid such amount to defray his expenses as may be prescribed.
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79 Inquiries by Mental Health Review Tribunal into institutions, etc.

(1) The Mental Health Review Tribunal may hold an inquiry into the facilities and
treatment provided at any institution, special institution or place at which patients are detained
in terms of this Act.
(2) The chairman of the Mental Health Review Tribunal shall ensure that a copy of any
findings, recommendations or report made by the Tribunal following an inquiry in terms of
subsection (1) is submitted to the Secretary without delay.
80 Applications to Mental Health Review Tribunal for inquiry into grounds of

detention
(1) Subject to this Act any—
(a) person who is detained in terms of this Act; or
(b) guardian, curator, spouse or close relative of a person who is detained in terms of this
Act; or
(c) friend of a person who is detained in terms of this Act and who has no guardian,
curator, spouse or close relative at or near the place where he is detained;
may apply to the Mental Health Review Tribunal for an inquiry into the grounds for and
propriety of the detention, and on any such application the Tribunal may conduct such
investigation or inquiry and make such order as it thinks fit.
(2) Nothing in subsection (1) shall derogate from any power of the High Court under this
Act or any other law to investigate the circumstances of any person’s detention and to give any
order in respect of it.
81 Appeals to Mental Health Review Tribunal

(1) The procedure for noting and hearing appeals to the Mental Health Review Tribunal in
terms of this Act shall be as informal as possible and shall be as prescribed or as may be
determined from time to time by the chairman of the Tribunal:
Provided that—
(i) subject to proviso (ii), the Mental Health Tribunal shall ensure that any appellant is
given a reasonable opportunity, regard being had to his mental state and all other
circumstances, to put his case before the Tribunal;
(ii) notwithstanding any other law, without the leave of the Mental Health Review
Tribunal a patient shall not be entitled to appear before the Tribunal in person.
(2) If the chairman of the Mental Health Review Tribunal considers that it would be in the
interests of justice for any appellant to have legal assistance in the preparation or conduct of his
appeal, the chairman may certify that the appellant should have such legal assistance, and
thereupon the provisions of any enactment regarding the grant of legal assistance to persons in
criminal cases in the High Court shall apply, mutatis mutandis, in relation to that appellant.
(3) In an appeal in terms of this Act, the Mental Health Review Tribunal shall have the
power, subject to this Act, to order—
(a) that the appeal be dismissed;
(b) that the patient whose case is the subject of the appeal be discharged, either
conditionally or unconditionally, or transferred from one institution, special institution
or other place to another;
- 51 -
and to give any other order for the just and expeditious determination of the appeal.
82 Appeals to Supreme Court against decisions of

Mental Health Review Tribunal
(1) Subject to this section, an appeal shall lie to the Supreme Court against any decision of
the Mental Health Review Tribunal.
(a) by any patient whose rights are affected by the decision concerned, or by the patient’s
guardian or, if the patient is not a minor, by the patient’s curator, spouse, close relative
or friend who is not a minor:
Provided that the leave of the chairman of the Tribunal or, if he refuses leave, the
leave of a judge of the Supreme Court, shall be obtained before any such person notes
an appeal; or
(b) by the superintendent of the institution, special institution or other place in which the
patient in respect of whom the decision was made is being detained; or
(c) by the Attorney- General, where the, decision concerned affects—
(i) the property of a patient for whom no curator bonis has been appointed; or
(ii) the release or discharge of any patient detained in terms of Part III or Part IV.
(3) An appeal in terms of subsection (1) shall be noted and prosecuted in accordance with
rules of court made in terms of the Supreme Court Act [Chapter 7:13].
(4) On an appeal in terms of subsection (1), the Supreme Court may confirm, vary or set
aside the decision appealed against, or make such other order in the matter as it thinks just.
(5) The effect of noting an appeal in terms of subsection (1) against a decision to release or
discharge a patient shall have the effect of suspending the decision appealed against.
PART XI
CARE AND ADMINISTRATION OF PROPERTY OF MENTALLY DISORDERED OR INTELLECTUALLY
HANDICAPPED PERSONS
83 Interpretation in Part XI
In this Part—
“Master” means the Master of the High Court or an assistant Master of the High Court.
84 Magistrate to inquire into and report on patient’s property or estate

(1) Every magistrate who—
(a) issues a reception order or an order under subsection (2) of section thirty-eight; or
(b) orders a person to be treated or to submit himself for treatment in terms of subsection
(2) of section twenty-six, subsection (3) of section twenty-seven, subsection (4) of
section twenty-eight or subsection (2) of section twenty-nine; or
(c) receives notice of the admission of a patient under section fifty-five or sixty-three; or
(d) receives a copy of an order sent to him in terms of subsection (8) of section twenty-
eight, subsection (3) of section twenty-nine or subsection (3) of section thirty-eight;
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shall immediately make full inquiry as to the patient’s circumstances and, where necessary, as
to his estate, and shall send a report on the result of his inquiry to the Attorney-General.
(2) To assist him in his inquiry in terms of subsection (1), be magistrate may direct a
designated social worker to visit the patient’s home or place of business and investigate the
patient’s circumstances and property.
(3) A designated social worker shall comply with any directions given to him by a
magistrate in terms of subsection (2).
85 Steps to be taken for protection of patient’s property and maintenance of his

dependents pending appointment of curator
(1) Until the appointment of a curator in terms of section eighty-six to care for and
administer a patient’s estate—
(a) the patient’s spouse; or
(b) failing the patient’s spouse, any child of the patient who is over the age of eighteen; or
(c) failing any child of the patient over the age of eighteen, any other of the patient’s close
relatives; or
(d) failing any of the patient’s close relatives, the person who had charge or control of the
house or place where the patient was living when he was removed in terms of this Act
to an institution, special institution or other place;
shall take charge of all property of whatever description belonging to the patient in the house or
on the premises concerned and, subject to any directions given to him in terms of subsection (2),
shall retain such property in his custody until delivery of the property is demanded by the
curator or by any other person lawfully entitled to receive it.
(2) A magistrate for the province in which a patient was living immediately before he was
removed to an institution, special institution or other place in terms of this Act shall have power
to give such directions as he considers necessary for—
(a) the care and administration of the patient’s estate; and
(b) the carrying on of any business conducted by the patient; and
(c) the maintenance of the patient’s dependents out of the patient’s estate;
and any person who has custody of any of the patient’s property shall comply with any such
directions.
86 Appointment of curator for care and administration of patient’s estate

(1) If a judge is satisfied that a person who—
(a) is detained as a patient in terms of this Act; or
(b) has been admitted for treatment as a patient in terms of Part VI, VII, VIII;
is incapable of managing his affairs, the judge may, on a chamber application being made by the
Attorney-General, appoint a curator for the care and administration of the patient’s estate.
(2) If a patient possesses property the estimated value of which does not exceed fifty
thousand dollars in respect of assets or capital, or twenty thousand dollars a year in respect of
income, a magistrate for the province in which he was living when he entered an institution,
special institution or other place in terms of this Act, upon being satisfied that—
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(a) the patient is detained in terms of this Act or has been admitted for treatment as a
patient in terms of Part VI, VII or VIII; and
(b) Patient is incapable of managing his affairs; and
(c) no curator has been appointed in terms of subsection (1) in respect of the patient’s
estate;
may, on application being made by the Attorney-General, appoint a curator for the care and
administration of the patient’s estate.
(3) A judge or magistrate who appoints a curator in terms of subsection (1) or (2) may
confer upon the curator authority to do any specific act or exercise any specific power
mentioned in section eighty-eight or may confer general authority to exercise, on the patient’s
behalf, all or any of those powers without further application to the judge or magistrate, as the
case may be.
(4) If required to do so by the judge or magistrate who appointed him, a curator appointed
in terms of this section shall provide security to the satisfaction of—
(a) the Master, where he was appointed by a judge in terms of subsection (1); or
(b) the magistrate who appointed him, where he was appointed in terms of subsection (2);
for the proper administration of the patient’s estate and, for that purpose, may furnish a fidelity
bond the premiums for which shall be payable out of the estate.
(5) The Minister, with the approval of the Minister responsible for finance, may by
statutory instrument amend any amount specific in subsection (2).
87 Functions and remuneration of curator

A curator appointed in terms of section eighty-four—
(a) shall have the same duties and obligations as an executor appointed for the
administration of a deceased person’s estate in relation to the lodging of an inventory
or additional inventory of the patient’s property and of accounts of his administration,
and in respect of any such inventory or account the same stamps and fees shall be
payable as in the case of the estate of a deceased person:
Provided that, where the curator was appointed in terms of subsection (2) of
section eighty-six, the inventories and accounts shall be lodged with the clerk of the
magistrates court for the province concerned, and the clerk shall send them without
delay to the Master;
(b) shall be allowed the same remuneration, to be fixed by the Master, as in the case of an
executor of a deceased person’s estate.
88 Curator may be authorized or required to do certain things

A judge or magistrate may authorize or direct a curator appointed in terms of subsection (1)
or (2), as the case may be, of section eighty-six to do all or any of the following things—
(a) sell, let on hire, exchange, partition, mortgage or dispose of any of the patient’s
property, and give or receive any money in consideration for any such transaction;
(b) acquire any property in the patient’s name;
(c) maintain or improve any of the patient’s property or any property of his spouse;
(d) carry on or discontinue any trade or business of the patient;
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(e) dissolve any partnership of which the patient is a member;

(f) perform any contract relating to the patient’s property which the patient entered into
before he became mentally disordered or intellectually handicapped;
(g) exercise any power, including a power to consent, vested in the patient, whether
beneficially or as guardian or trustee or otherwise;
(h) settle any of the patient’s debts;
(i) provide for the patient’s present or future maintenance;
( j) provide for the maintenance, education or advancement of the patient’s spouse,
children or dependents;
(k) continue such charitable or benevolent acts exercised or promised to be exercised by
the patient as the judge or magistrate, as the case may be, considers proper and
reasonable;
(l) institute, defend or settle such legal proceedings as are necessary in the interests of the
patient or the proper administration of his estate;
(m) make such reports to the Master concerning the patient’s estate as the Master or the
judge or magistrate, as the case may be, thinks fit;
(n) generally, do any other thing to secure the proper administration of the patient’s estate
in furtherance of the patient’s interests and the legitimate interests of his spouse,
children and dependents.
89 Commencement and duration of duties of curator and Master

(1) A curator appointed in terms of section eighty-six shall not commence the administration of
the patient’s estate until—
(a) the Master, in the case of a curator appointed by a judge in terms of subsection (1) of
section eighty-six, or
(b) the clerk of the court of the magistrate who appointed him, in the case of a curator
appointed in terms of subsection (2) of section eighty-six;
has given him a certificate that he has been so appointed and is authorized to have the custody
and administration of the patient’s estate.
(2) The functions of the Master and of a curator appointed in terms of section eighty-six
shall not cease until the patient is discharged in terms of this Act and it appears from the notice
of the discharge that he is capable of managing his own affairs.
(3) Where a patient for whose estate a curator has been appointed is discharged in terms of
this Act—
(a) the person who had charge of the patient immediately before his discharge shall,
within forty-eight hours of the discharge, send written notice of the discharge to the
Master and to the curator; and
(b) the curator shall without delay lodge with the Master an account of his administration
of the estate and the Master, on being satisfied that the account is in order, may release
the curator and direct that the patient be reinvested with control of his estate:
Provided that, where the curator was appointed in terms of subsection (2) of section eighty-
six, the account shall be lodged with the clerk of the magistrates court for the province
concerned, and the clerk shall send it without delay to the Master.
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(4) Where a patient for whose estate a curator has been appointed.
(a) dies intestate; or
(b) dies testate but there is no executor appointed or willing to act;
the curator shall furnish security to the satisfaction of the Master for the proper administration
and distribution of the deceased estate and shall forthwith assume the full dudes and
responsibilities of an executor.
90 Failure of curator to lodge accounts

(1) Subject to this section, if a curator fails to lodge with the Master or clerk of court, as the
case may be, any inventory or account which he is required to lodge under this Part, the Master
or the clerk of court or any other person who has an interest in the patient’s estate may summon
the curator to appear before—
(a) a judge, where the curator was appointed in terms of subsection (1) of section eighty-
six; or
(b) a magistrate for the province concerned, where the curator was appointed in terms of
subsection (2) of section eighty-six;
to explain why the inventory or account was not lodged as required under this Part.
(2) At least one month before issuing out a summons in terms of subsection (1), the Master,
clerk of court or other person referred to in that subsection shall send the curator concerned a
written notice requiring him to lodge his inventory or account and informing him that if he fails
to do so he will be summoned in terms of that subsection.
(3) A curator who receives a notice under subsection (2) may furnish the Master or the
clerk of court, as the case may be, a written statement setting out his reasons for failing to lodge
his inventory or account and, if the Master or clerk of court considers such reasons to be
sufficient, he may grant the curator a reasonable extension of time for lodging the inventory or
account.
(4) Where a curator appears before a judge or magistrate in answer to a summons in terms
of subsection (1), the judge or magistrate may—
(a) direct the curator to lodge his inventory or account within such period as the judge or
magistrate may specify; or
(b) grant the curator a reasonable extension of time for lodging his inventory or account;
or
(c) make such other order in the matter as the judge or magistrate thinks fit.
(5) The costs of any proceedings in terms of this section shall be payable by the curator in
default in his individual capacity, and he shall not charge such costs to the patient’s estate unless
authorized to do so by—
(a) a judge, where he was appointed in terms of subsection (1) of section eighty-six; or
(b) a magistrate for the province concerned, where he was appointed in terms of
subsection (2) of section eighty-six.
91 Removal of curator from office

A curator who was appointed—
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(a) by a judge in terms of subsection (1) of section eighty-six may be removed from office
by a judge; or
(b) by a magistrate in terms of subsection (2) of section eighty-six may be removed from
office by a judge or by a magistrate for the province concerned;
if the judge or magistrate is satisfied that—
(i) the curator has failed to comply with any provision of this Part or with any
term or condition of his appointment; or
(ii) the curator has been guilty of misconduct in his administration of the patient’s
estate; or
(iii) for any other reason it is undesirable that the curator should continue to act as
curator of the patient’s estate.
92 Care and administration of estates of patients who are not detained

(1) If a judge is satisfied that a person is—
(a) mentally disordered or intellectually handicapped, though he has not been detained in
terms of this Act or admitted for treatment as a patient in terms of Part VI, VII or VIII;
and
(b) incapable of managing his affairs, though he is capable of managing himself and is not
dangerous to himself or to others;
the judge may, on a chamber application being made by any person, make such order as he
thinks fit for the care and administration of that person’s estate, including—
(i) the appointment of a curator; and
(ii) provision for the maintenance of that person and of his spouse, children and
dependents, if any.
(2) If a person possesses property the estimated value of which does not exceed fifty
thousand dollars in respect of assets or capital, or twenty thousand dollars a year in respect of
income, and a magistrate for the province in which he is living is satisfied that the person is—
(a) mentally disordered or intellectually handicapped, though he has not been detained in
terms of this Act or admitted for treatment as a patient in terms of Part VI, VII or VIII;
and
(b) incapable of managing his affairs, though he is capable of managing himself and is not
dangerous to himself or to others;
the magistrate may, on application being made by any person, make such order as he thinks fit
for the care and administration of that person’s estate, including—
(i) the appointment of a curator; and
(ii) provision for the maintenance of that person and of his spouse, children and
dependents, if any.
(2) The provisions of this Part relating to curators appointed in terms of section eighty-six
shall apply, mutatis mutandis, to a curator appointed in terms of this section.
(3) The Minister, with the approval of the Minister responsible for finance, may by
statutory instrument amend any amount specified in subsection (2).
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93 Delegation of functions of Master

(1) With the approval of the Minister responsible for justice, the Master may, by notice in
the Gazette, delegate all or any of his functions in terms of this Part to any magistrate or
member of the Public Service employed in or at a magistrates court.
(2) A delegation under subsection (1) may be absolute or conditional and may be
withdrawn or amended at any time.
(3) A magistrate or member of the Public Service to whom any function has been delegated
under subsection (1) may exercise that function, subject to the conditions, if any, of its
delegation, as if he were the Master.
94 Recognition of external curators

(1) The Minister may, by notice in the Gazette, declare that persons appointed in any
specified state or territory to administer the estates of mentally disordered or intellectually
handicapped persons shall be recognized in Zimbabwe, subject to my terms or conditions
specified in the notice, as if they were curators appointed in terms of this Part.
(2) Subject to any terms or conditions specified in a notice published in terms of subsection
(1), any person appointed in a state or territory specified in the notice to administer the estate of
a mentally disordered or intellectually handicapped person—
(a) may exercise in Zimbabwe the powers mentioned in section eighty-eight, or such of
those powers as the Master may in each case consider it necessary or expedient for him
to exercise; and
(b) shall be subject to the same duties as a curator appointed in terms of subsection (1) of
section eighty-six.
PART XII
ADMISSION OF PATIENTS FROM OTHER STATES OR TERRITORIES
95 Interpretation in Part XII

In this Part—
“designated country” means a state or territory which the Minister has designated in terms
of section ninety-six.
96 Designated countries
(1) The Minister may, by order in the Gazette, declare any foreign state or territory to be a
designated country for the purposes of this Part.
(2) In an order under subsection (1), the Minister may declare that this Part shall apply in
relation to the designated country concerned subject to specified restrictions or modifications,
and this Part shall apply accordingly in relation to that designated country.
97 Admission of patients from designated countries

(1) Where a person has been admitted into Zimbabwe from a designated country, with the
consent of the Minister, by virtue of a warrant which—
(a) has been issued by a person duly authorized in that designated country to issue such
warrants; and
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(b) states that the person so admitted is mentally disordered or intellectually handicapped
and requires detention and treatment in an institution;
that person’s conveyance to and detention and treatment in an institution in Zimbabwe shall be
lawful to the extent that the conveyance, detention and treatment takes place not more than two
months from the date of the warrant.
(2) Where a patient has been received into an institution under a warrant referred to in
subsection (1), the superintendent of the institution shall forthwith send the warrant, together
with the supporting documents, to the Secretary who shall send them to the Attorney-General
for submission to a judge in chambers, and thereafter this Act shall apply in relation to the
patient as if he were a person in respect of whom a reception order has been issued.
98 Detention of patients from designated countries who were mentally

disordered when they committed offences
(1) Subject to this section, a person who has been ordered to be detained in a designated
country following a finding by a court in that country that he was mentally disordered or
intellectually handicapped when he committed an offence may be admitted into and detained
and treated in Zimbabwe under a warrant issued by such authority in the designated country as
may be accepted by the Minister.
(2) A person admitted into Zimbabwe in terms of subsection (1) shall be detained in such
place as the Minister may fix until a competent authority in the designated country from which
he was sent otherwise determines, when he shall be sent back to that designated country.
(3) A certificate signed by the Minister and declaring that from documents laid before him
it appears that the person named in the certificate has been ordered to be detained by a
competent authority in a designated country shall be accepted by any court in Zimbabwe, upon
its production by any person, as prima facie proof that the first-mentioned person is lawfully
under detention in terms of this section.
99 Return to designated countries of persons liable to be detained in respect of

offences
“patient who is liable to be detained in respect of an offence” means a person who—
(a) is detained in custody as a result of having been found unfit through mental
disorder or intellectual handicap to be tried for an offence with which he was
charged; or
(b) has been convicted of an offence and afterwards found to be mentally disordered
or intellectually handicapped.
(2) Upon the recovery or discharge of a patient who is liable to be detained in respect of an
offence and who was admitted to an institution under a warrant referred to in section ninety-
seven, he shall be returned as a prisoner to the designated country from which he was removed
to Zimbabwe.
100 Application of Cap. 7:14

Nothing in this Part shall be construed as limiting the application of subsections (3) and (4)
of section 11 of the Transfer of Offenders Act [Chapter 7:14].
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PART XIII
OFFENCES AND PENALTIES
101 Detaining patients except in accordance with this Act

Any person who, except in accordance with this Act—
(a) receives or detains a patient in an institution or special institution: or
(b) for payment or reward, takes charge of, receives for boarding purposes or detains a
patient in any place;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
102 False statements

Any person who—
(a) makes a false entry or statement of a material fact in any document or entry made or
prepared for the purposes of this Act, knowing the entry or statement is false or not
having reasonable grounds for believing it to be true; or
(b) with intent to deceive, makes use of any false entry or statement referred to in
paragraph (a);
103 Ill-treatment of patients

Any person who—
(a) is employed in or at any institution, special institution or other place in which a patient
is received or detained in terms of this Act; or
(b) has the guardianship, custody or care of a patient whether by virtue of this Act or
through any contract or any tie of relationship by marriage or otherwise;
and who ill-treats or wilfully neglects the patient shall be guilty of an offence and liable to a fine
not exceeding level seven or to imprisonment for a period not exceeding two years or to both
such fine and such imprisonment.
104 Assisting patients to absent themselves without leave, etc.

Any person who—
(a) induces or knowingly assists another person who is detained or liable to be detained or
is subject to control in terms of this Act to escape from such detention or control or to
absent himself without leave; or
(b) knowing or having reason to believe that another person is a patient who has escaped
from detention or control in terms of this Act or has absented himself from such
detention or control without leave—
(i) harbours that other person; or
(ii) gives that other person any assistance with intent to prevent, hinder or interfere
with his return to the institution or other place where he ought to be;
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105 Obstruction
(1) Any person who, without reasonable cause—
(a) refuses to allow the inspection of any premises for the purposes of this Act; or
(b) refuses to allow the visiting, interviewing or examination of any person by a person
authorized to do so by or under this Act; or
(c) hinders or obstructs any person in the exercise of his functions in terms of this Act;
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
(2) Without prejudice to the generality of subsection (1), a person who insists on being
present when required to withdraw by a person authorized by or under this Act to interview or
examine someone in private shall be deemed to hinder the second-mentioned person.
106 Unlawful sexual intercourse with patients

(1) Subject to this section, any person who—
(a) being employed in or at an institution, special institution or other place where a patient
is detained or receiving treatment in terms of this Act, has sexual intercourse with the
patient; or
(b) having the custody, care or charge of any patient in terms of this Act, has sexual
intercourse with the patient;
for a period not exceeding five years or to both such fine and such imprisonment.
(2) For the purposes of subsection (1), a patient shall be deemed to be detained in an
institution, special institution or other place or to be in custody, care or charge, even though he
may have escaped therefrom or be absent therefrom with or without leave, until he is duly
discharged or ceases to be in such custody, care or charge in terms of this Act.
(3) It shall be a defence to a charge under subsection (1) for the accused person to prove
that, when the alleged offence was committed—
(a) he was the spouse of the patient concerned; or
(b) he did not know and had no reason to believe or suspect that the patient concerned was
detained or receiving treatment in the institution, special institution or place concerned
or that the patient was in his custody, care or charge, as the case may be.
(4) The consent of the patient concerned shall not be a defence to a charge under subsection
(1).
PART XIV
GENERAL
107 Declaration of place in lieu of special institution

(1) If the Minister is of the opinion that there is no hospital or other place that can
conveniently be declared to be a special institution for the purposes of this Act, he may, with the
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approval of the Minister responsible for justice, by notice in the Gazette, declare that any
institution or other place specified in the notice may be used for the detention of patients who
should, in terms of this Act, be detained in a special institution.
(2) Notwithstanding any other provision of this Act, persons who are required to be
received and detained in a special institution may be received and detained in a place specified
in a notice under subsection (1) in all respects as if that place were a special institution.
108 Designated persons

(1) At least once a year the Secretary shall publish in the Gazette a list of all the names of
medical practitioners, psychiatric nurses, social workers and clinical psychologists who are
recognized by him as having knowledge of psychiatry or experience in dealing with mentally
disordered or intellectually handicapped persons.
(2) The Secretary may at any time amend a list of names published in terms of subsection
(1) by—
(a) adding the name of a person recognized by him since the list was published; or
(b) deleting the name of a person who has died since the list was published or who has
ceased to be qualified for inclusion on the list.
109 Saving of power of High Court to declare persons mentally ill and to
appoint curators
Nothing in this Act shall be construed as limiting any power which the High Court may
have under any other law to declare any person to be mentally disordered or intellectually
handicapped or to be incapable of managing his own affairs, or to appoint a curator of the
person or property of any patient:
Provided that, where any person applies to the High Court for the appointment of a curator
of the person or property of any patient, fourteen days’ notice of the application shall be given
to the Attorney-General.
110 Information to be given to detained patients and patients in single care

(1) The superintendent of any institution, special institution or other place in which a
patient is detained in terms of this Act shall take such steps as are practicable to ensure that the
patient understands—
(a) under which provision of this Act he is for the time being detained and the effect of
that provision; and
(b) how to exercise his right, if any, of applying or appealing to the Mental Health Review
Tribunal in respect of his detention.
(2) Subsection (1) shall apply, mutatis mutandis, to any person into whose charge a patient
is received in single care as if the patient were detained in an institution and that person were
the superintendent of it.
110A Application for sterilisation of mentally disordered or intellectually

handicapped female person by parent, guardian, spouse etc.
(1) The parent, guardian, spouse or any other person capable in law of giving consent on
behalf of a mentally disordered or intellectually handicapped female person may apply to the
High Court for an order authorising her sterilisation.
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(2) If the High Court is satisfied that—

(a) on the evidence of at least two medical practitioners , a female person is mentally
disordered or intellectually handicapped, and that it is in her best interests that she
should be sterilised; and
(b) her parent, guardian, spouse or any other person capable in law of giving consent on
her behalf has consented to her sterilisation;
the High Court may order that she should be sterilised.
(3) Except as authorised by this section, no mentally disordered or intellectually
handicapped female person shall be sterilised.
111 Limitation of actions by patients

(1) A person who in good faith and with reasonable care performs any act in compliance or
intended compliance with any provision of this Act shall not be civilly or criminally liable in
respect of that act.
(2) In any proceedings against a person in respect of an act referred to in subsection (1), the
burden of proving that he acted without good faith or without reasonable care shall lie upon the
person who institutes the proceedings.
(3) Any proceedings, whether civil or criminal, taken against a person in respect of an act
referred to in subsection (1) may, upon application to the court in which they are taken, be
stayed if the court is satisfied that there is no reasonable ground for alleging want of good faith
or reasonable care, or that the proceedings are frivolous or vexatious.
(4) No proceedings, whether civil or criminal, in respect of an act referred to in subsection
(1) shall be commenced more than twelve months after the act complained of or, where the
cause of action continues, more than twelve months after it ceases:
Provided that, in estimating such a twelve-month period, no account shall be taken of any
time during which the person wronged was lawfully under detention as a patient or was unaware
of the facts which constitute the cause of action.
(5) Nothing in this section shall be construed as depriving any person of any defence which
he would have had independently of this section.
112 Examination of patient in connection with prosecution

Where it is necessary for a patient to be examined in connection with a prosecution under
this Act, the examination shall where possible be held at the institution, special institution or
other place where the patient is detained.
113 Mechanical means of restraint

(1) No person shall apply mechanical means of bodily restraint to a patient who is detained
under this Act or in single care, except such mechanical means as are prescribed or approved by
the Minister.
(2) Mechanical means of bodily restraint shall be applied to a patient who is detained under
this Act or in single care only if the restraint is necessary for the purpose of surgical or medical
treatment or to prevent him from injuring himself or others.
(3) In every case in which mechanical means of bodily restraint are applied to a detained
patient or a patient in single care, the superintendent of the institution, special institution or
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other place in which the patient is detained or, in the case of a patient in single care, his medical
attendant, shall—
(a) keep a daily register in which he shall describe the means of restraint employed and
shall state—
(i) the reasons why such means of restraint were necessary; and
(ii) the period for which such means of restraint were applied;
and
(b) at the end of every quarter, send the Secretary a copy of the register kept in terms of
paragraph (a).
114 Seclusion of patients

(1) A patient who is detained under this Act or in single care shall not be kept in seclusion
except upon the order of the superintendent of the institution or special institution or other place
in which he is detained or, in the case of a patient in single care, his medical attendant.
(2) In every case in which a detained patient is kept in seclusion, the superintendent of the
institution, special institution or other place in which the patient is detained or, in the case of a
patient in single care. his medical attendant, shall—
(a) keep a daily register in which he shall describe the method of seclusion employed and
shall state—
(i) the reasons why such seclusion was necessary; and
(ii) the period for which the patient was kept in seclusion;
and
(b) at the end of every quarter, send the Secretary a copy of the register kept in terms of
paragraph (a).
(3) A patient shall be deemed to kept in seclusion if at any time between eight o’clock in
the morning and seven o’clock in the evening he is isolated in a room the door of which is
fastened or held so that he is unable to leave the room at will, but not if he is isolated in a room
in which the lower half of the door is so fastened or held but the upper half is left open.
115 Inquiries
(1) A magistrate or the Secretary or any person appointed by the High Court or the Minister
may hold an inquiry for the purposes of this Act or in respect of any patient.
(2) A person holding an inquiry in terms of subsection (1) may, if he considers it necessary
to do so, summon any person to appear before him to testify or produce any book or document
concerning any matter in relation to which the inquiry is being held.
(3) Persons appearing before an inquiry in terms this section may be examined on oath,
which oath the person holding the inquiry is hereby empowered to administer.
(4) Any person who, without lawful excuse—
(a) at or in the course of an inquiry in terms of this section shows disrespect in speech or
manner to or with reference to the inquiry or the person holding the inquiry; or
(b) having been summoned to appear before the person holding the inquiry, fails to attend
or, having attended, refuses to be sworn or fails to remain in attendance until excused
by the person holding the inquiry; or
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(c) causes an obstruction or disturbance in the course of an inquiry in terms of this section;
or
(d) having been sworn—
(i) refuses to answer any question lawfully put to him; or
(ii) makes a statement material to the inquiry knowing the statement to be false or
not knowing or believing it to be true;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for
a period not exceeding six months or to both such fine and such imprisonment.
(5) Any person summoned to appear before a person holding an inquiry in terms of this
section shall be entitled to be paid such amount to defray his expenses as may be prescribed.
(6) Nothing in this section shall be construed as limiting the power of the Mental Health
Review Tribunal to institute an inquiry into any matter in terms of this Act.
116 Execution of orders

(1) Any order issued by a magistrate or any other person under this Act for the detention or
removal of a patient may be executed by the person to whom it is addressed or by a police
officer.
(2) When an order referred to in subsection (1) relates to a person who is not under
detention, it may be executed in the same manner as a warrant for the arrest of a person charged
with an offence, and every police officer shall assist in executing it.
117 Escape of patients

(1) Subject to subsection (3), if a patient escapes while being conveyed to or detained in an
institution, special institution or other place under this Act, he may be retaken within twenty-
eight days after his escape by—
(a) the superintendent of the institution, special institution or other place; or
(b) any person employed in or at the institution, special institution or other place; or
(c) any person assisting a person referred to in paragraph (a) or (b); or
(d) in the case of a patient who was being conveyed to an institution, special institution or
other place, his appointed escort; or
(e) any police officer;
and, upon being retaken within that period, the patient shall forthwith be conveyed to and
received and detained in the institution, special institution or other place.
(2) Subject to subsection (3), if a patient who escapes as mentioned in, subsection (1) is not
retaken within twenty-eight days after his escape, he shall formally be discharged from the place
to which he was being conveyed or in which he was being detained, as the case may be, at the
time of his escape, and he shall not be readmitted to that place unless a new order is issued
under this Act.
(3) A patient who escapes while being conveyed to or detained in an institution, special
institution or other place under an order issued in terms of section twenty-seven, twenty-eight,
twenty-nine or thirty or Part IV may be retaken and conveyed to and detained in the institution,
special institution or other place concerned at any time after his escape.
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118 Cost of maintaining patients at State institutions

(1) Subject to this section, the costs and expenses of detaining and additionally, or
alternatively, treating a patient in terms of this Act in an institution, special institution or other
place which is maintained by the State shall be defrayed from a fund to be established for the
purpose in terms of section 30 of the Audit and Exchequer Act [Chapter 22:03].
(2) The fund referred to in subsection (1) shall be administered by the Secretary and shall
consist of moneys appropriated for the purpose by Act of Parliament.
(3) Nothing in this section shall be construed as preventing the State from charging fees for
the detention or treatment of any patient, and any such fee may be recovered from the patient’s
estate or from any person legally liable to contribute towards the patient’s maintenance.
119 Medical certificates and reports to be evidence of certain facts

A medical certificate or medical report given or made for the purposes of this Act shall be
admissible any proceedings before any court on its production by any person and shall be prima
facie evidence of—
(a) any facts stated in the certificate or report, so far as they are within the knowledge of
the person giving the certificate or making the report; and
(b) any opinion expressed in the certificate or report by the person giving or making it.
120 Visiting of patients

Any person detained in an institution, special institution or other place in terms of this Act
may be visited at any time by the Secretary or a member of the Mental Health Review Tribunal
or by any person whom the Secretary or the Tribunal may specially or generally appoint in
writing for that purpose, and any such visit may be made without prior notice.
121 Examination of patients by students

The medical superintendent of an institution or special institution may permit any medical
practitioner, psychiatric nurse practitioner, medical student or student nurse undergoing a course
of training in psychiatry to examine, for the purposes of that course, any patient detained in the
institution or special institution concerned:
Provided that—
(i) the medical superintendent shall not give such permission unless he is authorized to do
so by the Minister;
(ii) in the case of a medical student or student nurse, no such examination shall be
conducted except under the supervision of a medical practitioner or psychiatric nurse
practitioner approved by the medical superintendent;
(iii) the medical superintendent’s permission shall not be construed as permitting the
medical practitioner, psychiatric nurse practitioner, medical student or student nurse to
treat the patient;
(iv) no such examination shall be conducted if the patient, where he is capable of
expressing volition, or the patient’s guardian, curator, spouse, close relative or friend,
lodges an objection to any such examination.
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122 Minister may authorize removal of patients from Zimbabwe

(1) If the Minister, after consultation with the chairman of the Mental Health Review
Tribunal, is satisfied that—
(a) a patient should be removed from Zimbabwe to another country; and
(b) the patient’s removal is likely to be for his benefit; and
(c) proper arrangements have been made for the patient’s removal and subsequent care
and treatment;
the Minister may, by warrant in the prescribed form, direct that the patient be delivered to a
person named in the warrant for the purpose of his removal from Zimbabwe to the country
named in the warrant:
Provided that a warrant shall not authorize the removal of a patient detained under Part III
or IV unless he has been discharged in terms of that Part.
(2) A warrant under subsection (1) shall be authority for the removal from Zimbabwe of
the person named in the warrant.
123 Patients passing through Zimbabwe

(1) Where a person has been declared in a country other than Zimbabwe to be mentally
disordered or intellectually handicapped and he is brought into Zimbabwe in custody under a
warrant or order in the course of his transfer from the first-mentioned country to another country
for care and treatment, he shall be deemed to be in lawful custody while he is in Zimbabwe and,
if he escapes from that custody, he may be arrested without warrant by any police officer who
shall return him forthwith to the custody from which he escaped.
(2) A warrant or order referred to in subsection (1) shall be a document which purports—
(a) to have been issued by a competent authority of the country from which the person
named in the document is to be removed; and
(b) to authorize that person’s removal to a specified country, access to which is ordinarily
or conveniently obtained by passage through Zimbabwe.
(3) If any question arises as to whether a warrant or order referred to in subsection (1) was
issued by a competent authority or whether it authorizes the removal referred to in subsection
(2), the Minister’s certificate shall be accepted in all courts as prima facie proof of the matter.
124 Dissolution of partnership where member is mentally disordered or

intellectually handicapped
Where a member of a partnership is—
(a) declared by the High Court to be mentally disordered or intellectually handicapped; or
(b) detained as a patient in terms of this Act;
the High Court may order the dissolution of the partnership and additionally, or alternatively,
make such other order regarding the partnership as it thinks fit in the circumstances.
125 Regulations
(1) The Minister may make regulations prescribing all matters which by this Act are
required or permitted to be prescribed or which, in his opinion, are necessary or convenient to
be prescribed for carrying out or giving effect to this Act.
- 67 -
(2) Regulations made in terms of subsection (1) may provide for—

(a) the accommodation, facilities, equipment and staff to be provided in or at institutions,
special institutions and other places where patients are detained or treated, including
nursery and other facilities for the care of patients’ children;
(b) the inspection of institutions, special institutions and other places in which patients are
detained or treated;
(c) the admission and discharge of patients;
(d) the removal or transfer, including the temporary transfer, of patients from one
institution, special institution or place to another institution, special institution or
place;
(e) the books to be kept in institutions, special institutions and other places where patients
are detained or treated, the entries to be made in such books and the accounts, reports,
returns, extracts, copies, statements, notices, documents and information to be sent to
the Minister, the Secretary, the Mental Health Review Tribunal or any other authority
or person;
(f) the forms to be used for the purposes of this Act;
(g) the management of patients in single care;
(h) the control of electro-convulsive therapy, leucotomy and other operations and medical
or therapeutic treatment which, in the Minister’s opinion, require special control;
(i) mechanical means of restraint;
( j) the visiting of patients;
(k) the functions of voluntary organizations relating to mental health services and the
welfare of patients;
(l) the provision by local authorities of accommodation for the housing and care of
patients;
(m) the provision of community psychiatric services, after-care and follow-up services;
(n) applications to the Mental Health Review Tribunal;
(o) the holding of inquiries under this Act;
(p) the payment of allowances to persons who amend inquiries under this Act and hearings
of the Mental Health Review Tribunal;
(q) the convening of meetings referred to in subsection (1) of section seventy-four and the
procedure to be adopted at such meetings.
(3) The Minister shall not make regulations for a purpose referred to in paragraph (1) of
subsection (2) except with the approval of the Minister responsible for local government.
126 Construction of references to mentally disordered or defective persons

Any reference in any other enactment to a mentally disordered or defective person shall be
construed, unless inconsistent with the context, as a reference to a mentally disordered or
intellectually handicapped person as defined in section two.
127 Repeal of Cap. 15:06 and savings

(1) The Mental Health Act [Chapter 15:06] is repealed.
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(2) Notwithstanding the repeal of the Mental Health Act, 1976—

(a) any application or order made or issued under that Act shall be treated as though it had
been made under the relevant provision of this Act and may be proceeded with as if it
had been so made;
(b) any warrant or order for the detention of any person in terms of that Act and in force
immediately before the date of commencement of this Act shall be deemed to have
been issued under the corresponding provision of this Act and shall remain in force
until set aside or varied under this Act;
(c) any board established under section 50 of that Act shall be deemed to be a mental
hospital board established under this Act, and—
(i) the members of that board shall continue as members in accordance with this
Act; and
(ii) any report or resolution of or other action taken by that board shall have effect
as if it had been made or taken in terms of this Act;
(d) any curator appointed under that Act who had not been released from his appointment
before the date of commencement of this Act shall be deemed to have been appointed
under the corresponding provision of this Act with the same functions as were
conferred or imposed upon him under that Act;
(e) my inquiry or other proceeding commenced under that Act which had not been
completed on the date of commencement of this Act shall be continued under the
corresponding provision of this Act as though it had commenced under that provision;
(f) the President shall continue to exercise his powers under that Act in relation to any
matter which had been submitted to him for his decision under that Act before the date
of commencement of this Act but which had not been decided by him on that date, and
the patient concerned shall be detained, discharged or otherwise dealt with as if his
decision in the matter had been given before that date;
(g) any regulations made, notice published, decision taken or other thing made, done or
commenced before the date of commencement of this Act which had effect
immediately before that date shall continue to have, or to be capable of acquiring, the
same effect as if it had been made, done or commenced, as the case may be, under the
corresponding provision of this Act.
END OF MENTAL HEALTH ACT
See next page for Appendix containing extracts from Criminal Law Code
- 69 -
APPENDIX
CHAPTER XIV
GENERAL DEFENCES AND MITIGATING FACTORS
PART V
MENTAL DISORDER
226 Interpretation in Part V of Chapter XIV

In this Part
“mental disorder or defect” means mental illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or disability of the mind.
227 Mental disorder at time of commission of crime

(1) The fact that a person charged with a crime was suffering from a mental disorder or
defect when the person did or omitted to do anything which is an essential element of the crime
charged shall be a complete defence to the charge if the mental disorder or defect made him or
her
(a) incapable of appreciating the nature of his or her conduct, or that his or her conduct
was unlawful, or both; or
(b) incapable, notwithstanding that he or she appreciated the nature of his or her conduct,
or that his or her conduct was unlawful, or both, of acting in accordance with such an
appreciation.
(2) For the purposes of subsection (1), the cause and duration of the mental disorder or
defect shall be immaterial.
(3) Subsection (1) shall not apply to a mental disorder or defect which is neither permanent
nor long-lasting, suffered by a person as a result of voluntary intoxication as defined in section
two hundred and nineteen.
228 Mental disorder at time of trial

The fact that a person is mentally disordered or defective at the time of his or her trial on a
criminal charge shall not be a defence to the charge unless he or she was also mentally
disordered or defective at the time he or she did or omitted to do anything that is an essential
element of the crime charged.
229 Application of Cap. 15:12

Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12]
(Act No. 15 of 1996) in relation to
(a) the procedure to be followed when persons being tried are found to be mentally
disordered or defective or any verdict to be returned at any such trial; or
(b) the detention, examination or treatment of persons found to be mentally disordered or
defective.
PART IV
INTOXICATION
219 Interpretation in Part IV of Chapter XIV

In this Part
“intoxication” means intoxication resulting from the ingestion of any form of alcohol or
drug;
“involuntary intoxication” means intoxication that is not voluntarily self-induced;
“voluntary intoxication” means intoxication which is voluntarily self-induced.
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EXTRACTS FROM CRIMINAL LAW CODE

MENTAL HEALTH ACT

19. Secretary may order patient’s removal to institution or other place.

44. Visiting of patients detained in private dwelling-houses.

70. Visits by members of mental hospital boards.

99. Return to designated countries of persons liable to be detained in respect of offences.

1 Short title and date of commencement

“social worker” means—

3 Persons not to be received or detained as patients except in accordance with

4 Application for reception order

5 Magistrate may examine patient and shall obtain medical certificates

6 Magistrate may order apprehension of patient

8 Issue of reception order

9 Detention under reception order

10 Detention under reception order of patient in single care

12 Magistrate or designated officer may order apprehension in certain cases

13 Powers and duties of police officers in regard to certain patients

or public holiday intervenes, within twenty-four hours exclusive of the Sunday or

14 Period of detention in urgency cases

16 Attorney-General ex officio curator ad litem of patients

(b) as a temporary patient or in terms of Part VIII.

17 Orders and reports to be submitted to Attorney-General and Registrar or High

18 Powers of judge on consideration of reception order and documents

19 Secretary may order patient’s removal to institution or other place

20 Particulars to be contained in medical certificates

21 Persons ineligible to sign medical certificates

22 Periodical reports on patients

23 Amendment of applications, orders and certificates

24 Power of superintendent to discharge patients

25 Appeal to Mental Health Review Tribunal

26 Power of magistrate to order examination and treatment of accused persons

“magistrate” includes the chief magistrate and any regional magistrate.

27 Procedure where person found mentally disordered or intellectually

28 Procedure where person found mentally disordered or intellectually

order the proceedings against the person to be stayed for a definite or an

29 Procedure where person charged is found mentally disordered or

30 Procedure where convicted prisoner found to be mentally disordered or

31 Attorney-General to be informed before discharge of certain patients

32 Power of Attorney-General to withdraw charges

33 Periodical reports on detained patients

34 Transfer of patients detained under this Part

35 Discharge of patients detained under this Part

36 Appeal to Mental Health Review Tribunal in certain cases

37 Admission to special institutions of mentally disordered or intellectually

38 Powers of court in criminal cases in relation to mentally disordered or

returned to prison and subsequently be transferred to, and detained, in a special

39 Discharge of patients from special institutions

40 Appeal to Mental Health Review Tribunal in respect of detention in special

41 Power of Secretary to authorize detention of patient in private dwelling-house

42 Number of patients that may be detained in one private dwelling-house

43 Power of magistrate to investigate treatment of patients in private dwelling-

44 Visiting of patients detained in private dwelling-houses

45 Right of patient detained in private dwelling-house to appeal to Mental Health

46 Places that may receive informal patients

47 Reception and detention of informal patients and patients in single care

48 Notice of reception, death, departure or discharge of informal patients

49 Departure of informal patients, from institution or place

50 Procedure where doubt arises as to continued consent to treatment of