(3) Any person summoned to appear before the Metal Health Review Tribunal shall be entitled to be paid
such amount to defray his expenses as may be prescribed.
79 Inquiries by Mental Health Review Tribunal into institutions, etc.
(1) The Mental Health Review Tribunal may hold an inquiry into the facilities and treatment provided at any
institution, special institution or place at which patients are detained in terms of this Act.
(2) The chairman of the Mental Health Review Tribunal shall ensure that a copy of any findings,
recommendations or report made by the Tribunal following an inquiry in terms of subsection (1) is submitted to
the Secretary without delay.
80 Applications to Mental Health Review Tribunal for inquiry into grounds of detention
(1) Subject to this Act any—
(a) person who is detained in terms of this Act; or
(b) guardian, curator, spouse or close relative of a person who is detained in terms of this Act; or
(c) friend of a person who is detained in terms of this Act and who has no guardian, curator, spouse or close
relative at or near the place where he is detained;
may apply to the Mental Health Review Tribunal for an inquiry into the grounds for and propriety of the
detention, and on any such application the Tribunal may conduct such investigation or inquiry and make such
order as it thinks fit.
(2) Nothing in subsection (1) shall derogate from any power of the High Court under this Act or any other
law to investigate the circumstances of any person’s detention and to give any order in respect of it.
81 Appeals to Mental Health Review Tribunal
(1) The procedure for noting and hearing appeals to the Mental Health Review Tribunal in terms of this Act
shall be as informal as possible and shall be as prescribed or as may be determined from time to time by the
chairman of the Tribunal:
Provided that—
(i) subject to proviso (ii), the Mental Health Tribunal shall ensure that any appellant is given a reasonable
opportunity, regard being had to his mental state and all other circumstances, to put his case before the
Tribunal;
(ii) notwithstanding any other law, without the leave of the Mental Health Review Tribunal a patient shall
not be entitled to appear before the Tribunal in person.
(2) If the chairman of the Mental Health Review Tribunal considers that it would be in the interests of justice
for any appellant to have legal assistance in the preparation or conduct of his appeal, the chairman may certify that
the appellant should have such legal assistance, and thereupon the provisions of any enactment regarding the grant
of legal assistance to persons in criminal cases in the High Court shall apply, mutatis mutandis, in relation to that
appellant.
(3) In an appeal in terms of this Act, the Mental Health Review Tribunal shall have the power, subject to this
Act, to order—
(a) that the appeal be dismissed;
(b) that the patient whose case is the subject of the appeal be discharged, either conditionally or
unconditionally, or transferred from one institution, special institution or other place to another;
and to give any other order for the just and expeditious determination of the appeal.
82 Appeals to Supreme Court against decisions of Mental Health Review Tribunal
(1) Subject to this section, an appeal shall lie to the Supreme Court against any decision of the Mental Health
Review Tribunal.
(2) An appeal in terms of subsection (1) may be made—
(a) by any patient whose rights are affected by the decision concerned, or by the patient’s guardian or, if the
patient is not a minor, by the patient’s curator, spouse, close relative or friend who is not a minor:
Provided that the leave of the chairman of the Tribunal or, if he refuses leave, the leave of a judge
of the Supreme Court, shall be obtained before any such person notes an appeal; or
(b) by the superintendent of the institution, special institution or other place in which the patient in respect
of whom the decision was made is being detained; or
(c) by the Attorney- General, where the, decision concerned affects—
(i) the property of a patient for whom no curator bonis has been appointed; or
(ii) the release or discharge of any patient detained in terms of Part III or Part IV.
(3) An appeal in terms of subsection (1) shall be noted and prosecuted in accordance with rules of court made
in terms of the Supreme Court Act [Chapter 7:13].
(4) On an appeal in terms of subsection (1), the Supreme Court may confirm, vary or set aside the decision
appealed against, or make such other order in the matter as it thinks just.
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