Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VI : State Patients42. Admission of State patients to designated health establishments |
| (1) | Where a court issues an order in terms of the Criminal Procedure Act for a State patient to be admitted for mental health care, treatment and rehabilitation services, the Registrar or the Clerk of the court must send a copy of that order to the – |
| (b) | officer in charge of the detention centre where the State patient is or will be detained. |
| (2) | The officer in charge of the detention centre must forward a copy of the order in question to the head of the national department within 14 days, requesting that the State patient be transferred to a health establishment designated in terms of section 41. |
| (3) | The head of the national department must immediately after receipt of the order – |
| (a) | determine the health establishment to which the State patient must be transferred; |
| (b) | ensure that arrangements are made to effect the transfer of the State patient to the health establishment designated in terms of section 41; and |
| (c) | in writing notify – |
| (i) | the relevant official curator ad litem; and |
| (ii) | the official in charge of the detention centre at which the State patient is detained, of the details of the transfer. |
| (4) | Within 14 days of being notified of the details of the transfer, the officer in charge of the detention centre must cause the State patient to be transferred to the health establishment specified in the notice. |
