Mental Health Care Amendment Act

1. The Mental Health Care Act, 2002 (Act No. 17 of 2002), is hereby amended by the insertion after section 72 of the following section: ‘‘Delegation of powers 72A. (1) The head of the national department may, in writing, delegate any power conferred upon him or her by this Act to a competent person in the employ of the national department, except the powers referred to in sections 5, 6(3), 13(2), 41 and 49. (2) The head of the national department may, at any time— (a) withdraw a delegation made under subsection (1); or (b) withdraw or amend any decision made in the exercise of such delegated power. (3) A decision made in the exercise of any delegated power, unless withdrawn or amended, is deemed to have been made by the head of the national department. (4) Any right or privilege acquired or any obligation or liability incurred as a result of a decision made in terms of a delegated power referred to in subsection (1) cannot be affected by any subsequent withdrawal or amendment of that decision.’’. 5 10 15 20 Repeal of law

2. The Mental Health Act, 1973 (Act No. 18 of 1973), is hereby repealed. 4 No. 37693 Act No. 12 of 2014 GOVERNMENT GAZETTE, 28 May 2014 Mental Health Care Amendment Act , 2014 Short title and commencement 4

3. This Act is called the Mental Health Care Amendment Act, 2014, and comes into operation on a date determined by the President by proclamation in the Gazette.