108 Designated persons (1) At least once a year the Secretary shall publish in the Gazette a list of all the names of medical practitioners, psychiatric nurses, social workers and clinical psychologists who are recognized by him as having knowledge of psychiatry or experience in dealing with mentally disordered or intellectually handicapped persons. (2) The Secretary may at any time amend a list of names published in terms of subsection (1) by— (a) adding the name of a person recognized by him since the list was published; or (b) deleting the name of a person who has died since the list was published or who has ceased to be qualified for inclusion on the list. 109 Saving of power of High Court to declare persons mentally ill and to appoint curators Nothing in this Act shall be construed as limiting any power which the High Court may have under any other law to declare any person to be mentally disordered or intellectually handicapped or to be incapable of managing his own affairs, or to appoint a curator of the person or property of any patient: Provided that, where any person applies to the High Court for the appointment of a curator of the person or property of any patient, fourteen days’ notice of the application shall be given to the Attorney-General. 110 Information to be given to detained patients and patients in single care (1) The superintendent of any institution, special institution or other place in which a patient is detained in terms of this Act shall take such steps as are practicable to ensure that the patient understands— (a) under which provision of this Act he is for the time being detained and the effect of that provision; and (b) how to exercise his right, if any, of applying or appealing to the Mental Health Review Tribunal in respect of his detention. (2) Subsection (1) shall apply, mutatis mutandis, to any person into whose charge a patient is received in single care as if the patient were detained in an institution and that person were the superintendent of it. 110A Application for sterilisation of mentally disordered or intellectually handicapped female person by parent, guardian, spouse etc. (1) The parent, guardian, spouse or any other person capable in law of giving consent on behalf of a mentally disordered or intellectually handicapped female person may apply to the High Court for an order authorisin g her sterilisation. (2) If the High Court is satisfied that (a) on the evidence of at least two medical practitioners, a female person is mentally disordered or intellectually handicapped, and that it is in her best interests that she should be sterilised; and (b) her parent, guardian, spouse or any other person capable in law of giving consent on her behalf has consented to her sterilisation; the High Court may order that she should be sterilised. (3) Except as authorised by this section, no mentall y disordered or intellectually handicapped female person shall be sterilised. [Section inserted by Act 23 of 2004] 111 Limitation of actions by patients (1) A person who in good faith and with reasonable care performs any act in compliance or intended compliance with any provision of this Act shall not be civilly or criminally liable in respect of that act. (2) In any proceedings against a person in respect of an act referred to in subsection (1), the burden of proving that he acted without good faith or without reasonable care shall lie upon the person who institutes the proceedings. (3) Any proceedings, whether civil or criminal, taken against a person in respect of an act referred to in subsection (1) may, upon application to the court in which they are taken, be stayed if the court is satisfied that there is no reasonable ground for alleging want of good faith or reasonable care, or that the proceedings are frivolous or vexatious. (4) No proceedings, whether civil or criminal, in respect of an act referred to in subsection (1) shall be commenced more than twelve months after the act complained of or, where the cause of action continues, more than twelve months after it ceases: Provided that, in estimating such a twelve-month period, no account shall be taken of any time during which the person wronged was lawfully under detention as a patient or was unaware of the facts which constitute the cause of action. (5) Nothing in this section shall be construed as depriving any person of any defence which he w ould have had independently of this section. 112 Examination of patient in connection with prosecution Where it is necessary for a patient to be examined in connection with a prosecution under this Act, the examination shall where possible be held at the institution, special institution or other place where the patient is detained.