(c) the degree of consanguinity or affinity in which the applicant is related to the patient and if he is not a close relative, the reason why the application is made by him instead of by a close relative; and (d) that the applicant has personally seen the patient within the seven days preceding the day on which the application was signed. (3) An application in terms of subsection (1) shall be made or sent to the magistrate not more than seven days after the day on which it was signed. (4) All statements in connection with an application in terms of subsection (1) shall be verified by the affidavit or affirmation of the applicant. 5 Magistrate may examine patient and shall obtain medical certificates On receipt of an application for a reception order in terms of section four, the magistrate— (a) may himself examine the patient named in the application; and (b) whether or not he examines the patient, shall obtain from two medical practitioners certificates in the prescribed form as to the patient’s mental state: Provided that— (i) if only one medical practitioner is available, the magistrate may obtain the second such certificate from a psychiatric nurse practitioner or from a designated psychiatric nurse, social worker or clinical psychologist; (ii) at least one of the medical certificates shall be given by a Government medical officer, unless a relative of the patient otherwise requests. 6 Magistrate may order apprehension of patient A magistrate to whom an application for a reception order has been made in terms of section four may, if he thinks fit and if it appears that the patient named in the application will not appear voluntarily, at any time before the reception order has been made, authorize a police officer to apprehend the patient and bring him before the magistrate to be examined and dealt with in accordance with this Part. 7 Proceedings to be in private All proceedings in relation to a reception order shall be conducted in private: Provided that, at the request of a close relative of the patient concerned, the proceedings may be conducted in public if the magistrate thinks fit. 8 Issue of reception order (1) If the magistrate, on consideration of an application for a reception order in terms of section four and the medical certificates obtained in terms of section five, and after such other inquiry as he thinks fit, is satisfied that the patient concerned is mentally disordered or intellectually handicapped, and— (a) is of suicidal tendency or in any way dangerous to himself or to others; or (b) has committed or attempted to commit any offence or has acted in a manner offensive to public decency; or (c) is excessively dependent on alcohol or illicit drugs; or (d) in the case of a psychopathic disorder, requires to be detained; or (e) has no fixed abode; the magistrate may, subject to this Part, issue a reception order in the prescribed form directing that the patient be removed to, and received and detained in, an institution to be named in the order. (2) No reception order shall be granted in terms of subsection (1) unless each medical certificate— (a) shows that the person who issued the certificate has personally examined the patient not more than fourteen days before the date of the reception order; and (b) contains the particulars required by section twenty, including, in the case of a patient who is believed to be suffering from a psychopathic disorder; the particulars specified in paragraph (i) of that section. (3) A magistrate shall not issue a reception order on the basis of any medical certificate unless he is satisfied that the facts indicating mental disorder or intellectual handicap specified in the medical report warrant the issue of the reception order. 9 Detention under reception order (1) After the issue of a reception order the patient shall, subject to section ten, be removed to the institution named in the order as soon as possible and, pending such removal, the magistrate may issue such order as he thinks fit for the care, control and detention of the patient at his home or place of abode or elsewhere. (2) The superintendent of the institution named in a reception order shall receive and detain the patient in his institution upon the patient’s being removed thereto in terms of subsection (1). (3) A reception order shall authorize the detention of the patient named therein for not more than six weeks.

Select target paragraph3