113 Mechanical means of restraint (1) No person shall apply mechanical means of bodily restraint to a patient who is detained under this Act or in single care, except such mechanical means as are prescribed or approved by the Minister. (2) Mechanical means of bodily restraint shall be applied to a patient who is detained under this Act or in single care only if the restraint is necessary for the purpose of surgical or medical treatment or to prevent him from injuring himself or others. (3) In every case in which mechanical means of bodily restraint are applied to a detained patient or a patient in single care, the superintendent of the institution, special institution or other place in which the patient is detained or, in the case of a patient in single care, his medical attendant, shall— (a) keep a daily register in which he shall describe the means of restraint employed and shall state— (i) the reasons why such means of restraint were necessary; and (ii) the period for which such means of restraint were applied; and (b) at the end of every quarter, send the Secretary a copy of the register kept in terms of paragraph (a). 114 Seclusion of patients (1) A patient who is detained under this Act or in single care shall not be kept in seclusion except upon the order of the superintendent of the institution or special institution or other place in which he is detained or, in the case of a patient in single care, his medical attendant. (2) In every case in which a detained patient is kept in seclusion, the superintendent of the institution, special institution or other place in which the patient is detained or, in the case of a patient in single care. his medical attendant, shall— (a) keep a daily register in which he shall describe the method of seclusion employed and shall state— (i) the reasons why such seclusion was necessary; and (ii) the period for which the patient was kept in seclusion; and (b) at the end of every quarter, send the Secretary a copy of the register kept in terms of paragraph (a). (3) A patient shall be deemed to kept in seclusion if at any time between eight o’clock in the morning and seven o’clock in the evening he is isolated in a room the door of which is fastened or held so that he is unable to leave the room at will, but not if he is isolated in a room in which the lower half of the door is so fastened or held but the upper half is left open. 115 Inquiries (1) A magistrate or the Secretary or any person appointed by the High Court or the Minister may hold an inquiry for the purposes of this Act or in respect of any patient. (2) A person holding an inquiry in terms of subsection (1) may, if he considers it necessary to do so, summon any person to appear before him to testify or produce any book or document concerning any matter in relation to which the inquiry is being held. (3) Persons appearing before an inquiry in terms this section may be examined on oath, which oath the person holding the inquiry is hereby empowered to administer. (4) Any person who, without lawful excuse— (a) at or in the course of an inquiry in terms of this section shows disrespect in speech or manner to or with reference to the inquiry or the person holding the inquiry; or (b) having been summoned to appear before the person holding the inquiry, fails to attend or, having attended, refuses to be sworn or fails to remain in attendance until excused by the person holding the inquiry; or (c) causes an obstruction or disturbance in the course of an inquiry in terms of this section; or (d) having been sworn— (i) refuses to answer any question lawfully put to him; or (ii) makes a statement material to the inquiry 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 level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (5) Any person summoned to appear before a person holding an inquiry in terms of this section shall be entitled to be paid such amount to defray his expenses as may be prescribed. (6) Nothing in this section shall be construed as limiting the power of the Mental Health Review Tribunal to institute an inquiry into any matter in terms of this Act. 116 Execution of orders (1) Any order issued by a magistrate or any other person under this Act for the detention or removal of a patient may be executed by the person to whom it is addressed or by a police officer.

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