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

Regulations

Regulations for Licensing Community Mental Health Day Care and Residential Care Facilities for People with Mental Illness and or Severe or Profound Intellectual Disability, 2025 - effective 20 December 2026

1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—

 

"applicant"

means a person that applies for a licence to provide a mental health service or operate a mental health day care or residential care facility to five or more people with mental illness and or severe or profound intellectual disability;

 

"community care"

means programmes and facilities for community care, treatment and rehabilitation for people with mental illness and or severe or profound intellectual disability;

 

"facility"

means a building or structure which is ordinarily used in the course of providing mental health care, treatment and rehabilitation services and includes a mental health day care and residential care facility;

 

"halfway house"

means a residential care facility for mental health care users who had either been cared for in their communities, or had been formerly treated in a psychiatric hospital or in a care and rehabilitation centre;

 

"health establishment"

means health establishment as defined in section 1 of the National Health Act, 2006 (Act No. 61 of 2006);

 

"HOD"

means the head of the relevant provincial department of health;

 

"licence"

means a licence granted in terms of regulation 8;

 

"licensing administrator"

means an official who performs all related tasks for processing applications for licence including processing new applications, evaluating credential documentation against requirements and follow up with applicants;

 

"day care facility"

means a facility that provides day care, treatment and rehabilitation services to five or more people with mental illness and or severe or profound intellectual disability;

 

"residential care facility"

means a facility which provides residential care, treatment, and rehabilitation services to five or more people with mental illness and or severe or profound intellectual disability; and

 

"the Act"

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