Mental Health Care Amendment Act 12 of 2014
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REPUBLIC OF SOUTH AFRICA
Vol. 587 Cape Town 28 May 2014 No. 37693
THE PRESIDENCY No. 427 28 May 2014 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 12 of 2014: Mental Health Care Amendment Act, 2014
2 No. 37693 GOVERNMENT GAZETTE, 28 May 2014 Act No. 12 of 2014 Mental Health Care Amendment Act , 2014
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the Mental Health Care Act, 2002, so as to insert a new section; to provide for the delegation of powers by the head of the national department to officials in the national department; to repeal the Mental Health Act, 1973; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of Act 17 of 2002
1. The Mental Health CareAct, 2002 (Act No. 17 of 2002), is hereby amended by the insertion after section 72 of the following section:
‘‘Delegation of powers
72A. (1) The head of the national department may, in writing, delegate any power conferred upon him or her by this Act to a competent person in the employ of the national department, except the powers referred to in sections 5, 6(3), 13(2), 41 and 49. (2) The head of the national department may, at any time—
(a) withdraw a delegation made under subsection (1); or (b) withdraw or amend any decision made in the exercise of such
delegated power. (3) A decision made in the exercise of any delegated power, unless
withdrawn or amended, is deemed to have been made by the head of the national department. (4) Any right or privilege acquired or any obligation or liability incurred
as a result of a decision made in terms of a delegated power referred to in subsection (1) cannot be affected by any subsequent withdrawal or amendment of that decision.’’.
Repeal of law
2. The Mental Health Act, 1973 (Act No. 18 of 1973), is hereby repealed.
(English text signed by the President) (Assented to 28 May 2014)
4 No. 37693 GOVERNMENT GAZETTE, 28 May 2014 Act No. 12 of 2014 Mental Health Care Amendment Act , 2014
Short title and commencement
3. This Act is called the Mental Health Care Amendment Act, 2014, and comes into operation on a date determined by the President by proclamation in the Gazette.