Chairperson, the objective of this Bill is to provide for the delegation of powers by the director-general to officials within the national department to improve service delivery in the area of involuntary health care users and to ensure effective implementation of the Act generally.
The proposed insertion enables the director-general to delegate powers to review the mental health status of state patients, determine their transfers between health establishments and transfers from detention centres to health establishments in terms of a court order.
The ACDP will support this Bill, which is not in itself contentious in any way and should improve efficiency and effectiveness.
In October 2001 the ACDP also voted in favour of the new Mental Health Care Act, legislation aimed at ensuring that appropriate care, treatment and rehabilitation services are available to people with mental health problems.
Our concern at the time was that efforts to balance the rights of people with mental disabilities and the rights of the public were in question when it came to state patients, with communities facing all the risk in terms of patient rehabilitation.
I remember the trauma faced by my sister and her daughters just one year before this legislation came into effect when the man who murdered their son and brother did not have to stand trial, as his use of drugs ensured that he was not in his right mind at the time of the murder. This meant, in terms of the Act, that he could be granted leave of absence or be discharged at any time without prior notice to the victim's family. And that could even be within one week. At the time, this family believed that they were in danger - not just them, but the whole community - and lived with the worry that the man they knew to be a con man and murderer would be allowed back into the community without any warning.
The ACDP moved amendments in the portfolio committee which would address these concerns, but in spite of broad support in the committee, including by those who had actually worked with state mental patients and knew first- hand the deception often involved, they were left out, even the minor concession with regard to leave of absence.
As we have seen, when an accused can afford a top defence lawyer, the use of drugs can be a protection against even standing trial. We, therefore, again call on the Minister and the department to consider seriously the need for the families of victims to be given the opportunity to appeal the leave of absence and discharge of state patients who pose a threat to society, or at the very least be informed of such decisions. Thank you.