Know Your Rights: What Happens When Someone is Admitted for Mental Health Care in South Africa

If you or a loved one has been admitted to a mental health facility under South Africa’s Mental Health Care Act (MHCA), the process can feel overwhelming. Here's a simple guide to help you understand what’s happening, what your rights are, and how you can be involved.

🏥 Step-by-Step: The Process

• Emergency Help or Application: A person may be taken to a hospital if they are at risk of harm.
• Evaluation by Professionals: Staff assess if care is needed, and whether it is voluntary, assisted, or involuntary.
• 72-Hour Observation: The person is monitored for 3 days to understand their condition better.
• Decision on Continued Care: More care may be arranged, either in hospital or as an outpatient.
• Discharge or Longer-Term Care: Depending on progress, the person may go home or stay under review.

✅ Your Rights (And How to Use Them)

• Right to Be Informed: You can ask questions and expect honest answers.
• Right to Appeal: Disagree with the admission? Use the appeal form (Form 15).
• Right to Safety: Report any abuse or neglect. MHCA Form 02 is available for this.
• Right to Legal Support: Request a lawyer or Legal Aid to help.
• Right to Regular Reviews: Care is re-evaluated regularly by law.
• Right to Financial Protection: Administrators can be appointed, but the family can appeal this.

💬 Final Thought

Mental health care in crisis can be life-saving, but it must always respect a person’s rights, dignity, and freedom.

Don’t hesitate to ask questions, get support, and make your voice heard.

📖 Click Here for the MHCA full booklet from the Department of Health