Question NW2821 to the Minister of Justice and Correctional Services
06 January 2022 - NW2821
Stubbe, Mr DJ to ask the Minister of Justice and Correctional Services
(1) Whether, with regard to an email that was sent to his department on 4 December 2020, his department is in contravention of the Public Service Commission Code Of Conduct For Public Servants as it failed to respond to the request for the psychiatric assessment of a certain person (name furnished) according to section 27 of the Mental Health Care Act, Act 17 of 2002, which makes provision for next of kin to request that psychiatric assessment be done on a requested person; if not, what is the position in this regard; if so, what are the relevant details; 2) whether an assessment was performed on the specified person as requested by the specified person’s sister; if not, has he found that his department made a blunder in this case; if so, on what date was the assessment performed; (3) whether his department submitted a report of the findings to a certain person (name furnished); if not, why not; if so, on what date; (4)whether his department communicated with the specified person on the issue raised; if not, what (a) is the position in this regard and (b) remedy does his department undertake to correct the transgression; if so, will he furnish Mr D J Stubbe with proof of the communication; (5) whether his department takes issues raised by families of inmates seriously; if not, why not; if so, (a) what are the relevant details regarding the request from the family member and (b) is any disciplinary action being taken with regard to any of the staff involved in this matter? NW3341E
Reply:
(1) An IT Audit was conducted on 14 December 2021, on the email of the Management Area to verify the existence of the email sent by next of kin (Anette Nel), however, no record could be found for the date of 04 December 2020. It should be noted that the offender was no longer incarcerated in Boksburg Medium Correctional Centre on the mentioned date as he was released on 07 December 2019.
The offender was admiteed in Boksburg Correctional Facility on 25 November 2019 to serve an incarceration period of 14 days on a “Writ of Contempt of Court” dated 16 October 2019 by Pretoria High Court.
If such application was received, the Head of Correctional Centre would have complied with applicable sections 26 and 27 of the Mental Health Care Act, 2002 in dealing with the request as follows:
Application for assisted care, treatment and rehabilitation services 27. (1) (a) An application reffered to in section 26 may only be made by the spouse, next of kin, partner, associate, parent or guardian of a Mental Health care user, but where the- (b) the application refered to in paragraph (a) must have seen the mental health care user within seven days before making the application. (c) state the date, time and place where the user was last seen by the applicant within seven days before the application is made
No records exist in the visitors book to prove that the next of kin saw the offender within the required period by permission of the Head of Correctional Centre for this purpose. The offender was released on the expiry of his sentence on 07 December 2019.
(2) Not applicable
(3) Not applicable
(4) Not applicable
(5) Not applicable
END