10 Detention under reception order of patient in single care
(1) Subject to this section, a magistrate may, in a reception order issued by him, direct that the patient
concerned shall be received, treated and detained in single care in a private dwelling-house and not in an
institution.
(2) A magistrate shall not issue a direction in terms of subsection (1) unless the persons who issued the
relevant medical certificates have certified that it would be safe and convenient for the patient to be received,
treated and detained as provided in subsection (1).
(3) Before issuing a direction in terms of subsection (1), the magistrate or a person appointed by him for the
purpose shall satisfy himself through personal examination that the householder is a fit and proper person to have
charge of the patient and consents thereto and that the dwelling-house, its equipment and its surroundings are
suitable for the reception, treatment and detention of the patient.
(4) A patient in single care shall, as often as is prescribed or as may be directed by the Secretary, be visited
by a medical practitioner approved by the Secretary:
Provided that the first such visit shall be made within six months after the issue of the direction in terms of
subsection (1).
(5) The provisions of this Part relating to the reception, treatment and detention of patients in an institution
shall apply, mutatis mutandis, to the reception, treatment and detention of patients in single care.
(6) The provisions of this Act relating to the discharge, escape, transfer or death of patients shall apply to
patients in single care.
(7) A magistrate who has issued a reception order with a direction in terms of subsection (1) may, at any time
during its continuance, by endorsing the order, authorize the patient to be removed to, and to be received and
detained in, a named institution and, within twenty-four hours of such endorsement, shall notify the AttorneyGeneral of such removal.
11 Urgency applications
(1) In cases of urgency where it is necessary for the welfare of a patient or in the public interest that a patient
should forthwith be placed under care, assessment, treatment or control, the person in charge of a suitable place
may receive and detain the patient on the authority of an application made in terms of this section.
(2) An urgency application—
(a) shall be made in writing in the prescribed form and shall state—
(i) that the applicant believes that the patient is mentally disordered or intellectually handicapped;
and
(ii) the grounds on which the applicant believes that the patient is mentally disordered or
intellectually handicapped; and
(iii) 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
(iv) that the applicant has personally seen the patient within the forty-eight hours preceding the time
of application; and
(v) that the matter is one of urgency; and
(b) shall be signed by the applicant; and
(c) shall be accompanied by a certificate from a medical practitioner or psychiatric nurse practitioner
which—
(i) indicates that the medical practitioner or psychiatric nurse practitioner, as the case may be, has
personally examined the patient not more than forty-eight hours before the time of the
application; and
(ii) 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) No person shall sign an urgency application unless he is at least eighteen years of age.
(4) Where a patient has been received into a suitable place on an urgency application, the person in charge of
that place shall, within twenty-four hours or, if a Sunday or public holiday intervenes, within twenty-four hours
exclusive of the Sunday or public holiday—
(a) notify a magistrate in writing of the patient’s admission; and
(b) send the magistrate the urgency application and the accompanying medical certificate.
(5) A magistrate who has been notified in terms of subsection (4) of a patient’s admission on an urgency
application shall, within fourteen days of the patient’s admission or, if an order has been issued under subsection
(2) of section fourteen, within fourteen days of the date on which the order becomes effective, proceed in the same
way as if the application had been made in terms of section four.