Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VII : Mentally Ill Prisoners53. Procedure to transfer mentally ill prisoners to designated health establishments |
| (1) | On receipt of a written order referred to in section 52(3)(a), the head of the prison concerned must forward a copy of the order to – |
| (a) | the administrator, if appointed; and |
| (b) | the head of the national department, together with a request that the mentally ill prisoner be transferred to a health establishment designated in terms of section 49. |
| (2) | The head of the national department must immediately – |
| (a) | determine the health establishment to which the mentally ill prisoner must be transferred; |
| (b) | ensure that arrangements are made to effect the transfer of the mentally ill prisoner to the appropriate health establishment designated in terms of section 25; and |
| (c) | in writing, notify the head of the prison and the administrator, if appointed, of the details of such transfer. |
| (3) | The head of the prison must, within 14 days of receipt of the notice of the details of the transfer, cause the mentally ill prisoner to be transferred to the specified health establishment. |
| (4) | Whenever a transfer is effected in terms of this section, the head of the health establishment receiving a mentally ill prisoner is – |
| (a) | deemed to have lawful custody of the prisoner only on admission; and |
| (b) | responsible for the safe custody of the prisoner. |
