(4) When a patient is conditionally discharged under this section — (a) a report on his mental state, and on any further care or treatment he may require, shall be made to the Secretary by such persons. at such times and containing such particulars as may be required by the warrant of discharge or by regulations, and the Secretary shall transmit the report to the Minister responsible for justice together with his observations on them; and (b) if any of the conditions of the patient’s discharge appear to the Minister responsible for justice to have been broken, he shall submit a statement of the case to the Mental Health Review Tribunal, which may issue a warrant directing that the patient be taken into custody and removed to an institution, special institution or other place named in the warrant, and thereupon the patient may be taken and shall be received, detained and treated in that institution, special institution or other place as though he had been removed to it in accordance with an order of a judge issued in terms of this Act. (5) Conditions under which a patient is discharged in terms of subsection (1) may include a condition that he be admitted to any institution as a temporary patient in terms of Part VII or as a patient in terms of Part VIII. (6) Where the Mental Health Review Tribunal makes an order in terms of subsection (1) for the discharge of a patient who is under sentence of death— (a) the superintendent of the institution or other place in which the patient is detained shall forthwith send a copy of the order to the Minister responsible for justice, who shall ascertain the decision of the President as to the disposal of the patient; and (b) the patient shall not be discharged from the institution or place which he is detained until the President’s decision is known; and (c) the patient shall thereafter be dealt with as the President may direct. 36 Appeal to Mental Health Review Tribunal in certain cases (1) Subject to this section, an appeal shall lie to the Mental Health Review Tribune against— (a) the continued detention of a patient in an institution or other place under an order or direction given in terms of section twenty-six, twenty-seven, twenty-nine; or thirty; (b) any order or direction given in terms of section twenty-six, subparagraph (iii) of paragraph (a) of subsection (3) of section twenty-seven, subparagraph (iii) of paragraph (a) or (b) of subsection (4) of section twenty eight or paragraph (b) or (c) of subsection (2) of section twenty-nine. (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 a minor; and, in the case of an appeal against an order or direct if paragraph (b) of subsection (1), by the Attorney-General. (3) Except with the consent of the Mental Health Review Tribunal, not more than one appeal in terms of subsection (1) against the continued detention of any patient shall be heard by the Tribunal in each year following the patient’s admission to the institution or other place. (4) Section eighty-one shall apply to the noting of an appeal in subsection (1), the procedure to be followed and the Mental Health Review Tribunal’s powers on such an appeal. PART IV M ENTALLY DISORDERED OR INTELLECTUALLY H ANDICAPPED PATIENTS WHO ARE DANGEROUS 37 Admission to special institutions of mentally disordered or intellectually handicapped patients who are dangerous (1) Notwithstanding section eight or twenty-six— (a) if it appears to a magistrate, on considering— (i) the medical certificates relating to an application made in terms of section four for a reception order; or (ii) the medical certificate accompanying an urgency application made in terms of section eleven; or (iii) the medical certificates given pursuant to an order made in terms of subsection (2) of section twenty-six; that the patient concerned is a danger to others; and (b) one of the medical certificates is given by a designated medical practitioner and recommends that the patient be detained in a special institution; the magistrate, in issuing a reception order, may direct that the patient be removed to, and received and detained in, a special institution. (2) If the superintendent of an institution in which a patient is detained under the authority of a reception order or an order made in terms of section eighteen submits to a magistrate the reports in the prescribed form of any two or more medical practitioners, at least one of whom is a designated medical practitioner, who— (a) certify that the patient is a danger to others; and (b) recommend that the patient be transferred to a special institution;