South Africa: Constitutional Assembly Resources

Kevin Gast of GAST INTERNATIONAL

17 January 1995

In response to your advertising campaign, we would like hereby to tender our support of the attached contribution for the protection of mentally ill persons. It is a well known fact that these persons were taken advantage of in the previous Government and we would like to prevent such inhuman treatment re-occurring.

(1) Detention of mentally anguished, deranged or insane persons

Every person who is being detained on suspicion of being mentally anguished, deranged or insane and who has not committed a punishable offence shall-

1. be considered sane until certified otherwise in a court of law.,
2. be informed promptly in a language which he or she understands of the reason for his or her detention;

100. be detained under conditions consonant with human dignity, which shall include at least a provision of adequate nutrition, reading material and non‑psychiatric medical treatment;

4. have the right to refuse any form of mental treatment whilst awaiting judgment.,
5. have the right to consult with a legal practitioner of his or her choice, to be informed of this right promptly and, where substantial injustice would otherwise result, to be provided with the services of a legal practitioner by the state;

to be given the opportunity to communicate with, and to be visited by, his or her spouse or partner, next-of- kin, religious counsellor and a medical practitioner of his or her choice.,

7. have the right to challenge the desirability of his or her detention in person before a court of law and to be released if such detention is found to be undesirable;
8. as soon as it is reasonably possible, but not later than 48 hours after being taken into custody, if the said period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expire, to be brought before an ordinary court of law and to be informed of the reason for his or her further detention, failing which he or she shall be entitled to be released;
9. have recourse by way of appeal or review to a higher court than the court of first instance;

and

10. be institutionalized within a reasonable time after being certified insane.

(2) Dignity and security of mentally anguished, deranged or insane ]persons

No mentally anguished, deranged or insane person shall-

1. be subject to torture of any kind, whether physical, mental or emotional;
2. be subject to cruel, inhumane or degrading treatment or punishment;

100. be subject to servitude or forced labor.

(3) Voluntary institutionalization by mentally anguished or deranged persons

No mentally anguished or deranged person who has entered into voluntary institutionalization shall-

a) be detained against his or her will.


GAST INTERNATIONAL (Pty) Ltd

The Secretariat

The Constitutional Assembly

P 0 Box 15

CAPE TOWN

8000

Dear Sir/Madam

RE: NEW CONSTITUTION BASIC RIGHTS

In response to your advertising campaign, we would like hereby to tender our support of the attached contribution for the protection of mentally ill persons. It is a well known fact that these persons were taken advantage of in the previous Government and we would like to prevent such inhuman treatment re-occurring.

MANAGING DIRECTOR

M.

Bankers: Standard Bank South Africa: Silverton

Offices: Bophuthatswana, Botswana, Swaziland

and Madagascar

Protected by Registered Trade Marks and Patents

A.4.q mcc.