The Constitutional Court has dismissed a challenge – by a civil rights group – to legislation governing the protection of mental healthcare patients, finding that the Mental Health Act as it stands does in fact “(contain) effective procedural safeguards” for involuntarily detained patients.
The challenge was brought in light of the Life Esidimeni tragedy, which cost more than 100 patients their lives, reports Business Day.
Civil-rights group Makana People’s Centre had successfully challenged the legislation in the High Court in 2022, which was opposed by the Health Minister. The High Court found that when patients are involuntarily detained, not enough is done in terms of oversight after detention.
The matter landed in the Constitutional Court, which disagreed with the High Court ruling. Justice Owen Rogers found the safeguards in the law did provide the necessary protection, such as a patient being examined by numerous medical authorities and a widely composed Review Board. He also dismissed the centre’s other challenges.
Each party paid its own costs.
Business Day article – ConCourt dismisses mental healthcare law challenge (Restricted access)
See more from MedicalBrief archives:
Health Department appeals Mental Health Act ruling
Sections of Mental Health Act ruled unconstitutional by High Court
Life Esidimeni inquest: ‘He vomited for four weeks and then he starved to death’