Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter X : General Provisions70. Offences and penalties |
| (1) | Any person who – |
| (a) | misrepresents a fact in any application, report, record, certificate ; |
| (b) | obstructs or hinders any person in the performance of his or her functions; |
| (c) | neglects, abuses or treats a mental health care user in any degrading manner or allows the user to be treated in that manner; |
| (d) | assists or incites a mental health care user – |
| (i) | to abscond from a health establishment at which he or she is admitted; or |
| (ii) | not to comply with any care, treatment and rehabilitation plan or terms of a leave of absence or conditional discharge; or |
| (e) | refuses to furnish information or provides false information to a member of the South African Police Service about the whereabouts of a mental health care user who has absconded or is deemed to have absconded, under this Act, is guilty of an offence. |
| (2) | Any person who is found guilty of an offence under this Act is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |