oa De Rebus - Examining s 40 of the Mental Health Care Act : unlawful arrest and detention : feature
Violence committed by individuals with mental illness is a problem in the community. It was foreseeable that the legislature would introduce measures intended to prevent such violence. Section 40 of the Mental Health Care Act 17 of 2002 (the Act) deals with the apprehension and detention of violent persons suffering from mental illness is such a measure. However, it is important to guard against the abuse of such measures as it has consequences, one of which is a civil remedy for unlawful apprehension and detention. The remedy is discussed in detail in this article.
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