(2) An annual report prepared in terms of subsection (1) shall be submitted to the Minister, who shall lay it before Parliament within three months after he receives it. PART X MENTAL HEALTH REVIEW TRIBUNAL 75 Establishment and composition of Mental Health Review Tribunal (1) There is hereby established a tribunal, to be known as the Mental Health Review Tribunal, which shall consist of— (a) a chairman, who shall be a judge or former judge of the Supreme Court or the High Court appointed by the President after consultation with the Judicial Service Commission; and (b) a deputy chairman, who shall be a registered legal practitioner of not less than seven years’ standing, appointed by the President after consultation with the Judicial Service Commission; and (c) not fewer than five and not more than ten other members, who shall be appointed by the Minister after consultation with the chairman of the Tribunal and who shall be chosen for their ability and experience in psychiatry or the care and welfare of patients or their suitability otherwise for appointment. (2) The terms of office of members of the Mental Health Review Tribunal and their conditions of service, including the remuneration and allowances, if any, to be paid to them, shall be as prescribed. (3) In the absence or incapacity for any reason of the chairman of the Mental Health Review Tribunal, the deputy chairman shall exercise his functions. (4) Subject to this Act, the procedure to be followed by the Mental Health Review Tribunal in the exercise of its functions shall be as prescribed or, failing such prescription, as may be fixed by the chairman. 76 Functions of Mental Health Review Tribunal The functions of the Mental Health Review Tribunal shall be— (a) to hear applications and appeals made to it by or on behalf of patients detained in institutions, special institutions and other places in terms of this Act; and (b) subject to this Act, to direct the release of patients detained in terms of this Act, where the Tribunal is satisfied that the patients concerned have recovered or are otherwise fit for release; and (c) to take all necessary steps to ensure that patients are accorded the rights to which they are entitled in terms of this Act and any other law; and (d) to exercise any other functions that are conferred on the Tribunal by or in terms of this Act or any other enactment. 77 Sittings of Mental Health Review Tribunal (1) The Mental Health Review Tribunal may sit at such places and at such times as the chairman of the Tribunal may determine from time to time. (2) The functions of the Mental Health Review Tribunal may be exercised by three or more members sitting alone or assisted by assessors appointed in terms of subsection (3). (3) With the approval of the chairman of the Tribunal, the person presiding over any sitting of the Mental Health Review Tribunal may appoint a person with expert knowledge to assist the Tribunal in an advisory capacity, but the Tribunal shall not be bound by any advice tendered by such a person. 78 Power of Mental Health Review Tribunal to summon witnesses and receive evidence (1) For the purpose of receiving evidence on any question before it, the Mental Health Review Tribunal shall have, the powers of the High Court to summon witnesses, to cause the oath to be administered to them, to examine them and to call for the production of books and documents. (2) Any person who, without lawful excuse— (a) at or in the course of any hearing before the Mental Health Review Tribunal, shows disrespect in speech or manner to or with reference to the Tribunal or any member of the Tribunal; or (b) having been summoned to appear before the Mental Health Review Tribunal, fails to attend or, having attended, refuses to be sworn or fails to remain in attendance until excused by the person presiding over the Tribunal; or (c) causes an obstruction or disturbance in the course of a hearing before the Mental Health Review Tribunal; or (d) having been sworn at a hearing before the Mental Health Review Tribunal— (i) refuses to answer any question lawfully put to him; or (ii) makes a statement material to the question before the Tribunal, knowing the statement to be false or not knowing or believing it to be true; shall be guilty of an offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.