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



Notice No. 1386

6 November 2002


(English text signed by the President.)

(Assented to 28 October 2002.)


It is hereby notified that the President has assented to the following Act, which is hereby published for general information:-


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.





RECOGNISING that health is a state of physical, mental and social well -being and that mental health services should be provided as part of primary, secondary and tertiary health services;


RECOGNISING that the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), prohibits against unfair discrimination of people with mental or other disabilities;


RECOGNISING that the person and property of a person with mental disorders or mental disabilities, may at times require protection and that members of the public and their properties may similarly require protection from people with mental disorders or mental disabilities; and


RECOGNISING further that there is a need to promote the provision of mental health care services in a manner which promotes the maximum mental well -being of users of mental health care services and communities in which they reside ;


BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:-