The Public Health Bill, 1999

PART IV: MENTAL HEALTH

Mentally disordered persons

50. (1) For the purposes of this Part, unless the context otherwise requires -

"mentally disordered or defective person" means any person who, in consequence of -

(i) mental disorder;

(ii) permanent defect of reason or mind (congenital or acquired;

(a) is incapable of managing oneself or that person's affairs; or

(b) is a danger to oneself or other persons or property; or

(c) is unable to conform with the ordinary usages, or the way of life, of the society in which that person lives; or

(d) requires supervision, treatment and management; or

(e) if that person is a child, appears by reason of such defect to be permanently incapable of receiving proper benefit from instruction from home or any ordinary place of learning;

"mental patient" means -

(a) a person who is mentally disordered or defective; or

(b) a person concerning whom proceedings are necessary to determine whether or not that person is suffering from mental disorder or defect, but does not include a person detained, in an institution or elsewhere as insane or mentally disordered or defective, by an order of a court in a criminal case or matter.

(2) Any person responsible for the administration of this Part or part of this Part and qualified so to do, shall classify or ensure that mental disorders or defects are classified, appropriately so, as follows -

(a) mentally disordered or defected;

(b) mentally infirm;

(c) idiot;

(d) imbecile;

(e) feeble minded person;

(f) moral imbecile; and

(g) mental disorders secondary to medical disorders.

Duties of the Chief Psychiatrist

51. The principal duties and functions of the Chief or Principal Psychiatrist or whatever designation is used shall be to -

(a) coordinate, monitor and control all activities in respect to mental health;

(b) advise the Director of Health Services on mental issues, training and appointment of suitable staff to carry out mental health work;

(c) ensure the mentally disordered or defective persons are taken care of as human beings and treated well, both medically and socially in a manner that is more humane; (d) implement and enforce all current legislation on mental health or incidental to mental health; and

(e) ensure outdated legislation is revised to encompass or reflect current thinking and practice and further set current and acceptable standards on the care and treatment of the mentally disordered or defective persons.

Establishment of mental health institutions

52. (1) There shall be established special hospitals, institutions, or centres to treat and care for the -

(a) mentally disordered or defective persons; and

(b) mentally disabled persons.

(2) The Minister may, at the health institutions or centres that are not for mental patients, ensure that special wards are set aside for the care and treatment of the mentally disordered or defective persons.

Detention in hospital of mental patients

53. (1) No person shall be detained in an institution or elsewhere on the ground of being a mentally disordered or defective person, except -

(a) as provided by this Act or by other law in force;

(b) by an order issued by a competent court in a criminal prosecution or matter;

(c) by an order issued by a competent court on application by the Minister, Director of Health Services, Commissioner of Police or the prison services (or whatever name its known), any person who shall first prove sufficient interest acceptable in law or any person so designated by the Minister for the purpose of this section;

(d) on reception as a mental patient from another State or institution;

(e) as a voluntary patient, who is aware of the mental illness and voluntarily seeks mental health care from a medical or health institution;

(f) as an emergency patient, who is a danger to oneself or to others and is brought in by the police, relative, the Director of Medical Services, the person designated by the Minister under paragraph (c) or a person who may prove sufficient interest acceptable in law.

(2) The person or patient named in paragraph (d) of subsection (1) shall not be admitted unless the admittance is in accordance with regulations specifically made by the Minister and which shall specify which States or institutions may be affected by the regulations.

(3) A child who is under the age of ten years or is apparently under the age of ten years, shall not be admitted at a mental hospital, centre or institution as a residence if in that hospital, centre or institution there is no unit set aside for children.

Rights of mental patients

54. (1) It shall be the responsibility of the person in charge of the hospital, institution or centre and the person in whose custody or charge the mentally disordered or defective person is placed for care and treatment, that such patient receives timeously such care and treatment and that the mental patient or the mentally disordered or defective person is not ill-treated or subjected to inhumane treatment or behaviour. (2) A mental patient or the mentally disordered or defective person shall enjoy such rights as are universally accepted and afforded under international law or conventions and shall be at liberty to request and receive a discharge, provided both the medical practitioner or medical officer attending to the mental patient and the mental patient are both satisfied that the condition of the mental patient warrants a discharge.

Assessment of medically suspected mental patients standing trial in the courts of law

55. (1) Any person, who is or is about to stand trial in a court of law and if in the opinion of the court such person needs or ought to undergo a mental disorder or defect assessment, the court shall order that such person to undergo such assessment or observation assessment at a recognised mental health hospital, institution, or centre by a qualified and registered psychiatrist.

(2) The person, required to undergo an assessment, shall be assessed or observed by a medical practitioner or medical officer who is further a psychiatrist.

(3) The period of assessment or observation shall not be less than twenty-eight days, running consecutively, from the date of the first day of assessment or observation.

Powers of the Minister to make orders and regulations

56. (1) The Minister may make orders or regulations in respect of -

(a) the establishment and functions of a Mental Hospital Board or such similar body or bodies;

(b) the transfer, conveyance and detention of mental patients, aged persons, children and mentally retarded persons or temporarily mentally disturbed persons;

(c) various forms to be used for the purposes of this Part or other related legislation;

(d) the manner in which a hospital, health centre or similar institution or any other place of detention of mental patients, aged persons, mentally retarded persons and children other than a prison, shall conduct itself and the manner in which the patients or inmates shall be treated and the expected behaviour of the patients and the other inmates;

(e) the procurement and the appropriate prescription of curative drugs;

(f) the requirement for mental hospitals, health centres and such like institutions to provide or for the provision of separate wards for the aged persons, children, drug abusers and mentally retarded persons who need or who may need rehabilitation;

(g) the establishment and administration of a specialised forensic psychiatric unit, after consultation or in conjunction with the Ministry of Justice and the Ministry responsible for Correctional Services or the Prison Services; and

(h) any other thing the Minister reasonably believes may or ought to be done or regulated under this Part.

(2) The Minister may, in consultation with the Minister responsible for finance, make orders or regulations in respect of fees charged in respect of patients or inmates in hospital, health centre and other similar institutions.

Offences and penalties

57. (1) A person who contravenes any provision of this Part or any regulation made under this Part commits an offence and is liable, on conviction, to a fine not exceeding one thousand Emalangeni or to imprisonment for a period not exceeding six months.

(2) The fine specified in subsection (1) may, by notice published in the Gazette, be amended by the Minister.