oa De Rebus - Examining s 40 of the Mental Health Care Act : unlawful arrest and detention : feature

Volume 2015, Issue 556
  • ISSN : 0250-0329



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.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error