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

Chapter III : Rights and Duties relating to Mental Health Care Users

15. Right to representation

 

(1) A mental health care user is entitled to a representative, including a legal representative, when –
(a) submitting an application;
(b) lodging an appeal; or
(c) appearing before a magistrate, judge or a Review Board, subject to the laws governing rights of appearances at a court of law.

 

(2) An indigent mental health care user is entitled to legal aid provided by the State in respect of any proceeding instituted or conducted in terms of this Act subject to any condition fixed in terms of section 4(1)(e) of Legal Aid South Africa Act, 2014.

[Section 15(2) amended by section 25(1) (item 6 of Schedule) of Notice No. 1013, GG 38315, dated 9 December 2014]