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

Chapter V : Voluntary, assisted and involuntary Mental Health Care

36. Judicial review on need for further involuntary care, treatment and rehabilitation services

 

Within 30 days after receipt of the documents submitted by the Review Board in terms of section 34(7) or 35(4), the High Court –

(a) must consider information submitted and any other representations made by any person referred to in section 35(1) ;
(b) may obtain information from any relevant person; and
(c) must thereafter order –
(i) further hospitalisation of the mental health care user and, if necessary, the financial affairs of the mental health care user be managed and administered according to the provisions of Chapter VIII; or
(ii) immediate discharge of the mental health care user .