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01 · ABSTRACT

Abstract

The scope and purpose of this paper is to deal with the constitutional position and domestic legislation in the context of mental health care law in South Africa. Focus is placed on the constitutional[i] protection that exists for mentally ill patients in South Africa. A selective discussion of the Mental Health Care Act[ii] is also pivotal as the Act provides for the adequate care, treatment and rehabilitation services pertaining to mentally ill patients. The Mental Health Care Act also makes provision for a Mental Health Review Board that oversee the Mental Health Regulation in South Africa

 

[i] The Constitution of the Republic of South Africa, 1996.

[ii] The Mental Health Care Act 17 of 2002.

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02 · PUBLICATION RECORD

Article details

JournalMedical Research Archives
IssueVol 13 No 8 (2025): Vol.13, Issue 8, August 2025
SectionResearch Articles
Published25 August 2025
DOI10.18103/mra.v13i8.6644
ISSN2375-1924
03 · RIGHTS & REUSE

Rights & reuse

This article is published under a Creative Commons Attribution License (CC BY 3.0) and may be shared or distributed by anyone as long as attribution is given to the journal.

Authors & affiliations

VT

Velasco-Sanz T

(Doctor of Nursing Practice; Professor at Complutense University of Madrid)

CM

Chieze M

(Swiss Academy of Medical Sciences (SAMS)

HS

Hurst S

(Swiss Academy of Medical Sciences (SAMS)

CI

Currie I

(Cape Division Human Rights; Professor University of Witwatersrand), & De (Advocate, Member of the Cape Bar)

WJ

Waal J

(Professor, University of South Africa)

DJ

De Ville J

(Faculty of Law, University of the Western Cape)

LL

Lerato L

(Department of Psychiatry, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, South Africa)

MM

Mvikweni M

(School of Law, Walter Sisulu University, Mthatha, South Africa)

RS

Raphalalani S

Department of Psychiatry, Faculty of Health Sciences, University of Pretoria)

BP

Becker PJ

(Department of Research Office, Faculty of Health Sciences, University of Pretoria)

SE

Saks ER

(Chicago, University of Chicago Press)

SJ

Segal J

(Public Law, Faculty of Law, University of the Free State, Bloemfontein)

SC

Swanepoel CF

(Public Law, Faculty of Law, University of the Free State, Bloemfontein)

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