Older Persons Act, 2006
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VIII : Care and administration of property of mentally ill person or person with severe or profound intellectual disability64. Termination of administrator |
| (1) | The term of office of an administrator appointed in terms of this Act may only be terminated on consideration of an application made by— |
| (a) | a person in respect of whom the administrator was appointed; |
| (b) | that administrator; or |
| (c) | the person who made an application for the appointment of the administrator concerned. |
| (2) | The application must— |
| (a) | be made by way of a written affidavit; |
| (b) | be sent to a Master of a High Court; and |
| (c) | contain— |
| (i) | the grounds on which the application is based ; |
| (ii) | all medical certificates or reports relevant to the mental health status of the person concerned issued subsequent to the appointment of that administrator; and |
| (iii) | the estimated property value of that person at the time of submitting the application. |
| (3) | The Master of the High Court must, within 14 days of receipt of the application – |
| (a) | terminate the appointment of the administrator; |
| (b) | decline the application; or |
| (c) | refer the matter for the consideration by a High Court judge in chambers. |
| (4) | If the Master of the High Court terminates such appointment or declines the application to terminate, he or she must, in writing, notify the applicant of the decision and reasons thereof. |
| (5) | If the Master of the High Court declines the application or refuses to refer the application for consideration by a High Court Judge in chambers, the applicant may, within 30 days of receipt of the notice referred to in subsection (4), appeal against the decision of the Master— |
| (a) | by submitting a written notice of appeal to a High Court judge in chambers ; |
| (b) | setting out the grounds of the appeal; and |
| (c) | submit a copy of the notice to the Master. |
| (6) | The Master of the High Court must, within 14 days after receipt of an appeal in terms of subsection (5) or after referring an application to a High Court for consideration, submit to the High Court a copy of— |
| (a) | the application; |
| (b) | a written summary of his or her findings; |
| (c) | the reasons for refusing the application or for referring the application to the High Court, as the case may be; and |
| (d) | the notice of appeal, in the case of an appeal. |
| (7) | The High Court must, within 30 days of receipt of the relevant documents— |
| (a) | consider the application or appeal in the prescribed manner, as the case may be; |
| (b) | provide the— |
| (i) | appellant; |
| (ii) | relevant administrator; |
| (iii) | independent mental health practitioners, if any; and |
| (iv) | head of the health establishment, the opportunity to make oral or written representations on the merits of the application or appeal; and |
| (c) | in writing, notify the appellant, administrator, head of the health establishment concerned and head of the relevant provincial department of his or her decision and the reasons thereof. |
