[Chapter 7:10] and section 29 of the High Court Act [Chapter 7:06] shall apply, mutatis mutandis, in relation to the proceedings concerned. (8) An order made in terms of paragraph (b) of subsection (2) shall be regarded as a conviction for the purpose of any appeal or reservation of a question of law, and sections 34 to 41 of the High Court Act [Chapter 7:06] and sections 9 to 19 of the Supreme Court Act [Chapter 7:13] shall apply, mutatis mutandis, in relation to the proceedings concerned. 39 Discharge of patients from special institutions (1) Subject to this section, the Mental Health Review Tribunal may order— (a) the discharge, either absolute or conditional; or (b) the transfer to an institution; of a patient received into a special institution: Provided that the Tribunal shall not order the discharge or transfer of a patient received into a special institution in terms of Part III unless a special board has reported on the patient’s mental state and the desirability or otherwise of his discharge and, where appropriate, has made proposals for his after-care, and the Mental Health Review Tribunal has considered the report. (2) Subsections (4) and (5) of section thirty-five shall apply, mutatis mutandis, in respect of a patient discharged conditionally in terms of subsection (1). 40 Appeal to Mental Health Review Tribunal in respect of detention in special institution (1) Subject to this section, an appeal shall lie to the Mental Health Review Tribunal against the c ontinued detention of a patient who is detained in a special institution. (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. (3) Except with the consent of the Mental Health Review Tribunal, not more than one appeal in respect of any patient shall be heard by the Tribunal in each year following the patient’s admission to a special institution. (4) Section eighty-one shall apply to the noting of an appeal in terms of subsection (1), the procedure to be followed, and the Mental Health Review Tribunal’s powers on such an appeal. PART V P ATIENTS R ESIDING IN P RIVATE DWELLING-HOUSES 41 Power of Secretary to authorize detention of patient in private dwelling-house (1) If— (a) a mentally disordered or intellectually handicapped person is residing in a private dwelling-house with relatives or other persons who receive no remuneration for his maintenance or care; and (b) the mental disorder or intellectual handicap has continued for three months and is of such a nature as to require compulsory confinement in the dwelling-house or restraint or coercion of any kind and for any period; the person who has charge of the patient shall inform a magistrate for the province in which the dwelling-house is situated of the patient’s circumstances and shall send the magistrate at least one certificate signed by a medical practitioner as to— (i) the patient’s mental and physical condition; and (ii) the reasons, if any, which make it desirable for the patient to remain under private care. (2) On receipt of a report and certificate in terms of subsection (1), the magistrate shall send them, together with his comments on them and such other documents as he thinks necessary, to the Secretary, who may order that— (a) the patient shall continue to be detained in the private dwelling-house under such conditions of care, treatment and control as the Secretary may specify; or (b) steps be taken by the person who has charge of the patient to obtain a reception order for the patient or to have the patient admitted for temporary treatment in terms of Part VII. 42 Number of patients that may be detained in one private dwelling-house The occupier of a private dwelling-house shall ensure that not more than one mentally disordered or intellectually handicapped person resides or is detained or kept in the dwelling-house, whether in terms of section forty-one or otherwise, at any one time unless— (a) the other patient or patients are members of the same family; and (b) the Secretary has given permission in writing for the patients to reside in the same private dwellinghouse.