Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter V : Voluntary, assisted and involuntary Mental Health Care

Purchase

Subject to section 9(1)(c), a mental health care user may not be provided with assisted care, treatment and rehabilitation services at a health establishment as an outpatient or inpatient without his or her consent, unless –

(a)	a written application for care, treatment and rehabilitation services is made to the head of the health establishment concerned and he or she approves it; and

(b)	at the time of making the application –

(i)	there is a reasonable belief that the mental health care user is suffering from a mental illness or severe or profound mental disability, and requires care, treatment and rehabilitation services for his or her health or safety, or for the health and safety of other people; and

(ii)	the mental health care user is incapable of making an informed decision on the need for the care, treatment and rehabilitation services.