43 Power of magistrate to investigate treatment of patients in private dwelling-houses On receipt of any report or information that a patient who resides or is detained in a private dwelling-house is wrongly or cruelly treated or neglected in any manner, a magistrate may visit the patient in the priv ate dwellinghouse and may make such inquiries and investigation as he thinks necessary, whether by himself or through a psychiatric nurse practitioner, a designated psychiatric nurse, social worker or clinical psychologist or a police officer, and thereafter shall take such proceedings in the matter as may be necessary. 44 Visiting of patients detained in private dwelling-houses (1) A magistrate shall appoint a medical practitioner approved by the Secretary to visit each patient who is detained under an order in terms of section forty-one within the magistrate’s province, and the medical practitioner so appointed— (a) shall visit the patient at least once in every three months and at such other times as the Secretary may direct; and (b) after each visit in terms of paragraph (a), shall— (i) enter, his name and address and the date and time of his visit in a book to be kept in the dwelling-house concerned by the person who has charge of the patient; and (ii) complete a report in the prescribed form on the patient’s mental and physical state and on the suitability of the dwelling-house in which the patient is detained; and (c) during the first visit in terms of paragraph (a), shall ensure that the patient has been advised of his right to appeal to the Mental Health Review Tribunal in terms of section forty-five. (2) Within seven days after each visit in terms of subsection (1), the person who has charge of the patient shall send the Secretary a copy of the medic practitioner’s report made in terms of subparagraph (ii) of paragraph (b) of that subsection. (3) On receipt of a copy of a report sent to him in terms of subsection (2), the Secretary may order— (a) such modifications to the care, treatment or control of the patient concerned as he thinks appropriate; or (b) that the patient concerned be transferred to an institution. (4) The Secretary shall send a copy of any order made by him in terms of subsection (3) to the magistrate for the province in which the private dwelling-house concerned is situated, and the magistrate shall ensure that the order is implemented. 45 Right of patient detained in private dwelling-house to appeal to Mental Health Review Tribunal (1) Subject to this section, an appeal shall lie to the Mental Health Review Tribunal against the continued detention of a patient in a private dwelling-house under an order in terms of section forty-one. (2) An appeal in terms of subsection (1) may be made— (a) by the patient concerned; or (b) by the patient’s guardian; or (c) if the patient is not a minor, by his curator, spouse, close relative or friend who is not minor. (3) Except with the consent of the Mental Health Review Tribunal, not more than one appeal in respect of any patient shall be heard by the Tribunal in each year following the issue of the order in terms of section fortyone for the patient’s detention in the private dwelling-house concerned. (4) Section eighty-one shall apply to the noting of an appeal in terms of subsection (1), the procedure to be followed in such an appeal and the Mental Health Review Tribunal’s powers on such an appeal. PART VI INFORMAL A DMISSION AND TREATMENT OF P ATIENTS AND P ATIENTS IN S INGLE C ARE 46 Places that may receive informal patients (1) The Minister may authorize any hospital, nursing-home or other place to receive patients in terms of this Part for treatment as informal patients without a reception order. (2) An authority in terms of subsection (1) may be absolute or subject to such conditions as the Minister thinks fit. (3) The Minister may at any time revoke an authority in terms of subsection (1) or amend any of the conditions subject to which it was given: Provided that before doing so the Minister shall afford the person in charge of the hospital, nursing-home or place concerned an opportunity to make representations in the matter, unless the revocation or amendment is made at his request. 47 Reception and detention of informal patients and patients in single care (1) In this section— “guardian”, in relation to a person who has not attained his majority, includes anyone who has charge of that person.