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commit.
Read the following scenario and answer the questions that follow.
Tinkie has a history of schizophrenia for which she has been receiving outpatient care for the past few
years. Unbeknown to her husband, Siyabonga, Tinkie stopped taking her schizophrenia medication a
while ago. One day after work, Siyabonga arrives home only to discover Tinkie covered in blood,
disoriented and mumbling incoherently. It transpires that she cut herself with razor blades as an act of
self-mutilation. Siyabonga fears for her safety and takes her to Sunshine Psychiatric Hospital for
admission and treatment. With them in the car is Lebohang, their 15-year-old son who helps to calm,
comfort and safeguard his mom. Tinkie is admitted to Sunshine where it comes to light that she had
also swallowed the razor blades. The razor blades need to be removed surgically as a matter of
urgency. Siyabonga and Lebohang are obviously emotionally distraught. They return home but are
involved in a terrible car accident. Siyabonga dies instantly and Lebohang is seriously injured and
unconscious.
A) Set out and apply the legislative provisions that made it possible for Tinkie to be admitted to
Sunshine despite her mentally confused state and the absence of her consent.
In South Africa, the Mental Health Care Act 17 of 2002 governs the admission of individuals with
mental illness to health care facilities, such as psychiatric hospitals. This Act outlines the
circumstances under which a person can be admitted without their consent, particularly when they
are unable to make an informed decision due to their mental state.
Relevant Provisions:
Section 9: Admission of a Person as an Involuntary Mental Health Care User
This section provides that a person may be admitted as an involuntary mental health care user if they
are incapable of making an informed decision due to their mental state and if they pose a danger to
themselves or others.
Section 32: Emergency Care, Treatment, and Rehabilitation Services
In cases where a person needs urgent treatment, such as Tinkie swallowing razor blades, emergency
care can be provided without prior consent to prevent serious harm.
Section 33: Application for Involuntary Care, Treatment, and Rehabilitation
The application for involuntary admission can be made by a spouse, next of kin, or any person who
is responsible for the care of the individual, in this case, Siyabonga. The application must be based
on the opinion that the person is a danger to themselves or others and needs care and treatment that
cannot be delayed.
Application to Tinkie’s Scenario:
Mental Confusion and Danger: Tinkie's mental confusion, self-mutilation, and swallowing of
razor blades indicate that she is unable to make an informed decision and poses a danger to
herself.
