National Health Act, 2003 (Act No. 61 of 2003)Chapter 2 : Rights and Duties of Users and Health Care Personnel8. Participation in decisions |
(1) | A user has the right to participate in any decision affecting his or her personal health and treatment. |
(2) |
(a) | If the informed consent required by section 7 is given by a person other than the user, such person must, if possible, consult the user before giving the required consent. |
(b) | A user who is capable of understanding must be informed as contemplated in section 6 even if he or she lacks the legal capacity to give the informed consent required by section 7. |
(3) | If a user is unable to participate in a decision affecting his or her personal health and treatment, he or she must be informed as contemplated in section 6 after the provision of the health service in question unless the disclosure of such information would be contrary to the user's best interest. |