Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter VIII : Care and administration of property of mentally ill person or person with severe or profound intellectual disability

64. Termination of administrator

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(1)The term of office of an administrator appointed in terms of this Act may only be terminated on consideration of an application made by—
(a)a person in respect of whom the administrator was appointed;
(b)that administrator; or
(c)the person who made an application for the appointment of the administrator concerned.

 

(2)The application must—
(a)be made by way of a written affidavit;
(b)be sent to a Master of a High Court; and
(c)contain—
(i)the grounds on which the application is based ;
(ii)all medical certificates or reports relevant to the mental health status of the person concerned issued subsequent to the appointment of that administrator; and
(iii)the estimated property value of that person at the time of submitting the application.

 

(3)The Master of the High Court must, within 14 days of receipt of the application –
(a)terminate the appointment of the administrator;
(b)decline the application; or
(c)refer the matter for the consideration by a High Court judge in chambers.

 

(4)If the Master of the High Court terminates such appointment or declines the application to terminate, he or she must, in writing, notify the applicant of the decision and reasons thereof.

 

(5)If the Master of the High Court declines the application or refuses to refer the application for consideration by a High Court Judge in chambers, the applicant may, within 30 days of receipt of the notice referred to in subsection (4), appeal against the decision of the Master—
(a)by submitting a written notice of appeal to a High Court judge in chambers ;
(b)setting out the grounds of the appeal; and
(c)submit a copy of the notice to the Master.

 

(6)The Master of the High Court must, within 14 days after receipt of an appeal in terms of subsection (5) or after referring an application to a High Court for consideration, submit to the High Court a copy of—
(a)the application;
(b)a written summary of his or her findings;
(c)the reasons for refusing the application or for referring the application to the High Court, as the case may be; and
(d)the notice of appeal, in the case of an appeal.

 

(7)The High Court must, within 30 days of receipt of the relevant documents—
(a)consider the application or appeal in the prescribed manner, as the case may be;
(b)provide the—
(i)appellant;
(ii)relevant administrator;
(iii)independent mental health practitioners, if any; and
(iv)head of the health establishment, the opportunity to make oral or written representations on the merits of the application or appeal; and
(c)in writing, notify the appellant, administrator, head of the health establishment concerned and head of the relevant provincial department of his or her decision and the reasons thereof.