LCR4802 ASSIGNMENT 1 2024
S2 ANSWERS
NAME;
, (a) Tinkie's Admission to Sunshine Psychiatric Hospital
Mental Health Care Act 17 of 2002 (MHCA)-The MHCA is the cornerstone of mental
health legislation in South Africa, aiming to protect the rights of individuals with
mental illness while ensuring their well-being and access to appropriate care.
Involuntary Admission Under Section 29-Section 29 of the MHCA outlines the
conditions for involuntary admission to a mental health facility. This section allows for
admission without consent if a person is suffering from a mental illness and
Section 29(1)(a)- Poses a danger to themselves or others. In Tinkie's case,
her self-harm with razor blades clearly demonstrates a risk to her own safety,
fulfilling this criterion.
Section 29(1)(b)- Is unable to care for themselves. Tinkie's disorientation and
incoherent mumbling suggest she is unable to make rational decisions about
her own care, further justifying involuntary admission.
Section 29(1)(c)- Requires immediate medical attention. The ingestion of
razor blades necessitates urgent medical intervention, making this criterion
applicable as well.
Case Law- The South African courts have consistently upheld the principle of
involuntary admission under Section 29 when the criteria are met. For example, in S
v. M [2010] ZAGPPHC 109, the court emphasized that the purpose of involuntary
admission is to protect the individual and society from harm, while ensuring access
to treatment.
(b) Surgical Removal of Razor Blades
Informed Consent
A Cornerstone of Medical Law: The principle of informed consent is fundamental to
medical law, ensuring that patients are fully informed about their medical treatment
and can make autonomous decisions. This principle is enshrined in the Constitution
of the Republic of South Africa, 1996, which guarantees the right to bodily integrity
and the right to make decisions about one's own health.
Capacity to Consent
S2 ANSWERS
NAME;
, (a) Tinkie's Admission to Sunshine Psychiatric Hospital
Mental Health Care Act 17 of 2002 (MHCA)-The MHCA is the cornerstone of mental
health legislation in South Africa, aiming to protect the rights of individuals with
mental illness while ensuring their well-being and access to appropriate care.
Involuntary Admission Under Section 29-Section 29 of the MHCA outlines the
conditions for involuntary admission to a mental health facility. This section allows for
admission without consent if a person is suffering from a mental illness and
Section 29(1)(a)- Poses a danger to themselves or others. In Tinkie's case,
her self-harm with razor blades clearly demonstrates a risk to her own safety,
fulfilling this criterion.
Section 29(1)(b)- Is unable to care for themselves. Tinkie's disorientation and
incoherent mumbling suggest she is unable to make rational decisions about
her own care, further justifying involuntary admission.
Section 29(1)(c)- Requires immediate medical attention. The ingestion of
razor blades necessitates urgent medical intervention, making this criterion
applicable as well.
Case Law- The South African courts have consistently upheld the principle of
involuntary admission under Section 29 when the criteria are met. For example, in S
v. M [2010] ZAGPPHC 109, the court emphasized that the purpose of involuntary
admission is to protect the individual and society from harm, while ensuring access
to treatment.
(b) Surgical Removal of Razor Blades
Informed Consent
A Cornerstone of Medical Law: The principle of informed consent is fundamental to
medical law, ensuring that patients are fully informed about their medical treatment
and can make autonomous decisions. This principle is enshrined in the Constitution
of the Republic of South Africa, 1996, which guarantees the right to bodily integrity
and the right to make decisions about one's own health.
Capacity to Consent
