Supreme Court Act, 1959
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VII : Mentally Ill Prisoners54. Transfer of mentally ill prisoners between designated health establishments |
| (1) | The head of the national department may from time to time order the transfer of a mentally ill prisoner from one health establishment designated in terms of section 49 to another if it is necessary for the care, treatment and rehabilitation of the mentally ill prisoner. |
| (2) | Despite the determination of the national department in terms of section 53(2), the relevant Review Board may only order the transfer of a mentally ill prisoner to another health establishment designated in terms of section 49 with maximum security facilities – |
| (a) | if the mentally ill prisoner – |
| (i) | previously absconded or attempted to abscond; or |
| (ii) | has inflicted or is likely to inflict harm to others; and |
| (b) | on receipt of a written application setting out the facts on which the request is based made by the head of the health establishment at which the mentally ill prisoner is detained. |
| (3) | The Review Board must forward a copy of the order in question to the head of the national department. |
| (4) | The head of the national department must, within 14 days of receipt of the order – |
| (a) | determine the health establishment to which the mentally ill prisoner must be transferred; and |
| (b) | ensure that the necessary arrangements are made with the appropriate health establishment to effect the transfer. |
| (5) | The head of a health establishment in which a mentally ill prisoner is detained may, with the concurrence of the head of a health establishment with maximum security facilities, effect a transfer to such health establishment pending an order by the relevant Review Board if the conduct of the mental health care user has or is likely to give rise to an emergency. |
| (6) | Whenever a transfer is effected in terms of this section – |
| (a) | the person or body ordering the transfer must, in writing within 14 days of the transfer, notify the head of the prison where the prisoner is detained of the details of the transfer; and |
| (b) | the head of the health establishment receiving the mentally ill prisoner- |
| (i) | is regarded as having lawful custody of the prisoner concerned only upon receiving the prisoner; and |
| (ii) | is thereafter responsible for the safe custody of the prisoner. |
