Acts Online
GT Shield

National Health Act, 2003 (Act No. 61 of 2003)


Policy Guidelines for the Licensing of Residential and/or Day Care Facilities for Persons with Mental Illness and/or Severe or Profound Intellectual Disability



In these Policy Guidelines any word or expression to which a meaning has been assigned in the Mental Health Care Act, 2002 (Act No. 17 of 2002), as well as the National Mental Health Policy Framework and Strategic Plan 2013 -2020 shall have the meaning so assigned and, unless the context otherwise indicates—



means a person or organisation that is applying for a licence to provide a mental health service or operate a day care and or residential facility to 5 or more persons with mental illness and /or severe or profound intellectual disability;



means the holistic provision for physical, psychological and material support to a mental health care user;


"day care facility"

includes home -based care, protected workshops and support groups and means a facility that offers services, day time activities and social contact for an individual mental health care user and groups of mental health care users for treatment, rehabilitation, prevention and promotion activities, including such a facility that offers those activities and contact for users with severe and profound intellectual disability;


"group home"

is a residential care facility and means a home based in the community with a staff complement who provide support with semi -independent living, or supported accommodation, to mentally ill adults and assist them to integrate into the community, as well as vocational groups for individuals who are not able to work in a protective environment;


"half -way house"

is a residential care facility and means a residence 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;


"home -based care"

refers to services offered at the homes of the mental health care users, providing psychosocial support in the areas of living, learning, socialization and working;



means a building or structure which is ordinarily used in the course of providing services;



means the Head of the relevant Provincial Department of Health;



means a license granted in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002) and its General Regulations;



means the person who is the head of health establishment responsible for the day -to -day management of the relevant day care and or residential facility;


"mental health care user"

as defined by the Act;


"persons with disabilities"

includes persons who have long -term physical, mental, intellectual or sensory impairments, which in interaction with various barriers may hinder those persons from fully and effectively participating in society on an equal basis with others persons;



means an applicant to whom a licence has been granted;


"protective workshop"

means to provide a protective environment outside of the open labour market, offering vocational services, e.g. vocational guidance, vocational training and selective placement, designed to secure and maintain suitable employment for mentally ill and or severe or profound intellectually disabled persons who cannot be integrated in the open labour market;


"residential care facility"

includes group homes, halfway houses, supported independent/assisted living facilities and means a facility that offers accommodation, housing or support in homes or facilities to persons with mental illness or severe or profound intellectual disability, and includes board and care homes;


"support groups"

means a group that meets in a day care facility to provide regular ongoing support for mental health care users, through which they are enabled to increase their functioning so that they can be successful and satisfied with living;


"supported independentJassisted living"

means ongoing support in the form of individual or group supervision and instruction in basic skills of everyday living that mental health care users receive in the community;and


"the Act"

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