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

Chapter X :  General Provisions

70. Offences and penalties

 

(1) Any person who –
(a) misrepresents a fact in any application, report, record, certificate ;
(b) obstructs or hinders any person in the performance of his or her functions;
(c) neglects, abuses or treats a mental health care user in any degrading manner or allows the user to be treated in that manner;
(d) assists or incites a mental health care user –
(i) to abscond from a health establishment at which he or she is admitted; or
(ii) not to comply with any care, treatment and rehabilitation plan or terms of a leave of absence or conditional discharge; or
(e) refuses to furnish information or provides false information to a member of the South African Police Service about the whereabouts of a mental health care user who has absconded or is deemed to have absconded, under this Act, is guilty of an offence.

 

(2) Any person who is found guilty of an offence under this Act is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.