The Mental Health Care Act, 2002 (Act No. 17 of 2002) (MHCA) is an act of the Parliament of South Africa that regulates mental healthcare.
Background
Adoption The act received assent on 28 October 2002 and commenced on 15 December 2004.
The Mental Health Act, 1973 was repealed in its entirety by the Mental Health Care Act, 2002.
Provisions The Act promotes treatment in the least restrictive environment with active integration into general healthcare being required.
Section 10 of the MHCA contains a prohibition against unfair discrimination against mental health care users on the grounds of their mental health status, which is one of the major objectives of the MHCA. That provision is an extension of the protection of equality as provided for in Section 9 of the Constitution.
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