Mental Health Care Bill: finalisation

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Meeting report

SOCIAL SERVICES SELECT COMMITTEE

SOCIAL SERVICES SELECT COMMITTEE
30 April 2002
MENTAL HEALTH CARE BILL: FINALISATION

Chairperson:
Ms L Jacobus (ANC)

Relevant documents
Mental Health Care Bill (B69B-2001)
Amendments by the Department of Justice and approved by the Committee [see Appendix]
Provincial Final and Negotiating Mandates

SUMMARY
Clauses 1-18, 21, 22, 24-46, 49-59, 62, 64, 66, 68, 69, 71-73 were agreed to without amendments.

Clause 19, 20, 23, 47, 48, 60, 61, 63, 65, 67, 70, 74 and 75 were agreed to, with the amendments proposed by the Department of Justice.

The Bill was adopted by the Committee, with amendments.

MINUTES
The Chair read the Motion of Desirability, to which all Members agreed. She suggested that the committee be led through a clause-by-clause reading of the Mental Health Care Bill [B69B-2001] and Members would then vote at the end of each Clause.

Professor Melvin Freeman, Chief Director: Mental Health and Substance Abuse in the Department of Health, provided a brief summary of each Clause in the Bill.

Clauses 1-18, 21, 22, 24-46, 49-59, 62, 64, 66, 68, 69, 71-73:
These were agreed to without amendments.

Clause 19, 20, 23, 47, 48, 60, 61, 63, 65, 67, 70, 74 and 75:
These Clauses was agreed to, having considered and accepted the amendments proposed, in their submission, by the Department of Justice.

The Chair called on the Members to read out the final mandates received from their provinces.

Ms Nkuna (ANC) [Limpopo Province] stated that her province has not yet compiled a final mandate on the Bill, but noted that it is fully in favour of the Bill.

Ms E Gouws (DP) [Eastern Cape] stated that her province has not yet submitted a final mandate, but assured the committee that it has "no problems" with the Bill, and supports it fully.

The Chair stated that written copies have to be secured for record-keeping purposes.

Dr P Nel (NNP) [Free State] stated that his province agrees to the Bill, as amended. He informed the committee that the concerns raised in the written version of the mandate have since been resolved, and the Free State legislature now fully supports the Bill with amendments.

Ms J Vilikazi (IFP) [KwaZulu Natal] stated that his province fully supports the Bill, with the amendments.

Ms E Lubidla (ANC) [Northern Cape] stated that her province supports the Bill, with the amendments.

Mr J Tlhagale (UCDP) [North-West] stated that his province fully supports the Bill with the amendments.

Mr B Mkhaliphi (ANC) [Mpumalanga] stated that his province supports the Bill, with the amendments.

Mr F Adams (NNP) [Western Cape] stated that his province supports the Bill, with the amendments.

The Chair concluded the meeting by reading the report to be submitted to Parliament, and adjourned the meeting.

Appendix:
AMENDMENTS BY THE SELECT COMMITTEE ON SOCIAL SERVICES TO MENTAL HEALTH CARE BILL [B69 - 2002]

CLAUSE 19
1. On page 11, in line 7, after "19" to insert "(1)"

CLAUSE 20
On page 11, in line 23, after "persons" to insert "who are South African citizens"

CLAUSE 23
On page 12, in line 19, to omit "paragraph (a)" and to substitute "subsection (1)"

CLAUSE 47
On page 23, in line 10, to omit "High Court" and to substitute "Judge in chambers"

On page23, in line 43, to omit "High Court" and to substitute "Judge in chambers"

On page 23, in line 56, to omit "High Court" and to substitute "Judge in chambers"

On page 24, in line 5, to omit "current administrator" and to substitute "official curator ad litem"

On page 24, in line 6, to omit "request the Master of the relevant High Court to"

On page 24, in line 7, to omit "another administrator" and to substitute "a legal practitioner"

On page 24, in line 12, to omit "administrator" and to substitute "legal practitioner"

On page 24, in line 14, to omit "High Court" and to substitute "Judge in chambers"

On page 24, in line 20, to omit "High Court" and to substitute "Judge in chambers"

On page 24, after line 25, to add:

"For the purposes of this section "legal practitioner" means an attorney or an advocate who has a right of appearance in a High Court."

CLAUSE 48
On page 25, in line 3, to omit "High Court" and to substitute "Judge in chambers"

CLAUSE 60
1. On page 30, in line 14, to omit "subsection (5)" and to substitute "subsections (5) and (13)"

On page 30, in line 18, to omit "relevant taxing master according to principles applicable to taxing bills of cost in civil proceedings" and to substitute "Master after consultation with the person conducting the investigation"

CLAUSE 61
On page 30, in line 45, to delete "who could be himself or herself"

On page 30, in line 50, to omit "relevant taxing master according to principles applicable to taxing bills of cost in civil proceedings" and to substitute "Master after consultation with the person conducting the investigation"

CLAUSE 63
On page 31, in line 3, to omit "within 30 days of his or her" and to substitute "before a Master of a High Court signs an official notice of "

On page 31, in line 43, to omit "; and" to insert "."

On page 31, in line 44 and 45, to delete "paragraph (b)"

CLAUSE 65
On page 32, in line 41, to omit "minors or minors" and to substitute "person or person"

On page 32, in line 43, after "79" to insert "83"

On page 32, in line 45, to omit "minor" and to substitute "person"

CLAUSE 67
On page 33, in line 43, after "under" to omit "of"

CLAUSE 70
1. On page 34, in line 48 and 49, to omit "a fine not exceeding R5000 or to imprisonment for a period not exceeding six months, or both such fine or such imprisonment" and to substitute "imprisonment for a period not exceeding six months or a fine or to both such fine and such imprisonment"

CLAUSE 74
On page 36, in line 1, to omit "reception" and to substitute "detention"

CLAUSE 75
On page 36, in line 16, to omit "2001" and to substitute "2002"


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