Aspects on the Constitutional Imperative and Domestic Legislation in Context of Mental Health Care Law in South Africa

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.