Abstract
There is consensus that Review Boards are not efficiently managed and operated in South Africa. These boards are solely guided by the principle of legality in that they may act only if legally permitted to do so. There are no general procedural rules applicable to all review boards. A comparison can be made to the United Kingdom’s Review Tribunal as it relates to mental health care law. The United Kingdom Review Tribunals have rules of procedure and mechanisms aimed at case management. The South African Mental Health Care Act 17 of 2002 provides a right to legal representation for the mentally ill at the proceedings. This right does not extend to representation in any instances other than during the proceedings before a review board or any other court. The South African National Alliance on Mental Illness (NAMI) however publishes information about mental health and offers resources such as classes and training, mental health programs and events, and a helpline to recommend non-emergency resources and solutions. This all to try and better the position is South Africa. Focus is placed on the Mental Health Care Act 17 of 2002 and the UK Mental Health Act of 1983 (as amended in 2007). Further focus is placed on the shortcomings in the South African legislation and how these shortcomings can be addressed.