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Mental Health Care Act, 2002

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To provide for the care, treatment and rehabilitation of persons who are mentally ill; to set out different procedures to be followed in the admission of such persons; to establish Review Boards in respect of every health establishment; to determine their powers and functions; to provide for the care and administration of the property of mentally ill persons; to repeal certain laws; and to provide for matters connected therewith.


Last update: December 2014

Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996

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Latest Developments:


The Mental Health Act, 2002 (Act No. 17 of 2002) has been amended by section 25 of the Legal Aid South Africa Act, 2013 (Act No. 39 of 2014), Government Gazette 38315, Notice No. 1013, dated 9 December 2014.


This Act has been updated and amended by the addition of General Regulations, Notice No. R. 1467 published in Government Gazette No. 27117 dated 15 December 2004; and also correction notice No. R.98 published in Government Gazette No. 27236 dated 11 February 2005;


The General Regulations have been added to the Act as gazetted in Regulation Gazette 7578 dated 14 February, 2003. Note that the forms have not been included – they can be obtained from the Dept of Health.

The Mental Health Care Act, 2002 (Act 17 of 2002) has been added to the site as published in Government Gazette 24024 dated 6 November, 2002.A commencement date is still to follow.