Abstract:
This study aims to establish a coherent framework for informed consent by mentally
ill persons in South Africa, with specific focus on the role and impact of the Mental
Health Care Act 17 of 2002. The analysis is done from a constitutional-, legislative-,
common law- and ethics perspective. Selected clinical aspects pertaining to
informed consent by mentally ill persons are explored with reference to the different
categories of mental health care users provided for in terms of the Mental Health
Care Act. It is found that although the Mental Health Care Act has made
considerable progress in terms of promoting the basic human- and health rights of
the mentally ill, discrepancies and deficiencies are still present in the Act which may
result in unnecessary confusion and prejudice to the rights of mental health care
users, hence undermining the objectives of the Act itself. An attempt is made to
address the current shortcomings and discrepancies within the mental health care
system by means of suggested amendments to the Mental Health Care Act.
