(b) revoke any appointment made in terms of paragraph (a). (3) In addition to his powers as curator ad litem, the Attorney-General may exercise, in relation to a person referred to in subsection (1), any powers that could be exercised by a curator of the person: Provided that where the High Court has, in terms of subsection (2) or otherwise, appointed a curator of the person, the Attorney-General may not exercise any powers that are exercisable by that curator of the person. 17 Orders and reports to be submitted to Attorney-General and Registrar or High Court (1) A magistrate who issues a reception order shall without delay send a copy of it, together with copies of the depositions, if any, and medical certificates or reports upon which he acted in issuing the reception order and his own report, to the Attorney-General. (2) Where a patient is being detained on the authority of a reception order in a place other than an institution, the magistrate shall, within ten days after issuing the reception order, send the Attorney-General a report which— (a) has been made by a medical practitioner or psychiatric nurse practitioner who has been in attendance on the patient; and (b) describes the patient’s mental state during the period of his detention since the issue of the reception order; and (c) is based upon an examination of the patient made not less than two or more than ten days after the date of the reception order. (3) The magistrate shall provide the Attorney-General with such additional reports, if any, as may be prescribed and shall comply with any other requirements that are prescribed. (4) Where a patient has been received in an institution on the authority of a reception order, the superintendent of the institution shall, within ten days after the patient’s reception, send the Attorney-General a report which— (a) has been made by a medical practitioner or psychiatric nurse practitioner who has been in attendance on the patient; and (b) describes the patient’s mental state during the period of his detention since the issue of the reception order; and (c) is based upon an examination of the patient made not less than two or more than ten days after the date of his admission. (5) On receiving from a magistrate any order, deposition or report in terms of this section, the AttorneyGeneral shall forthwith examine it and, if he considers it necessary, may require further depositions, statements and reports to be furnished. (6) As soon as possible after examining any order, deposition and report in terms of subsection (5) and before the date of expiry of the reception order, the Attorney-General shall, unless the person to whom the order relates has already been discharged under this Act, send the order and all the depositions, statements and reports to the Registrar of the High Court for consideration by a judge in chambers. 18 Powers of judge on consideration of reception order and documents (1) Upon consideration of an order and any depositions, statements and reports submitted in terms of section seventeen, a judge may do any of the following— (a) if satisfied that an order for the patient’s further detention should be made forthwith, make such an order, either for a definite or an indefinite period, as he considers necessary; (b) direct that a summons or notice be served upon the patient and the Attorney-General, calling on them to appear and show cause why the patient should not be declared to be mentally disordered or intellectually handicapped and his detention as such confirmed; (c) appoint or authorize the appointment of a curator, either for the care of the patient’s person or for the care and administration of his property or for both such purposes; (d) direct a social worker or other suitable person to investigate and report on the patient’s probable economic, social, physical and other circumstances if he is discharged; (e) direct the patient’s discharge if his discharge seems justified in the light of evidence as to his physical and mental health and his probable economic, social, physical and other circumstances following such discharge; (f) direct that any summons, notice or other process be issued and the proceedings in the case be continued free of any stamp duty or fee of office, and order that service of any process under this section he made in such manner as seems expedient; and generally give such directions as he considers necessary and proper. (2) Notwithstanding that it appears to the judge that any requirement of this Act has not been fully complied with, he may make an order or give a direction under subsection (1) if, in his opinion, the non-compliance is immaterial and has not caused prejudice to any person.

Select target paragraph3