Mental Health Care Act, 2002 (Act No. 17 of 2002)

Regulations

Regulations for Licensing Community Mental Health Day Care and Residential Care Facilities for People with Mental Illness and or Severe or Profound Intellectual Disability, 2025 - effective 20 December 2026

4. Eligibility to operate day care or residential care facilities

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(1) Any service which is not a designated psychiatric hospital or care and rehabilitation centre, but which provides residential or day care facilities for five people or more with mental illness and or severe or profound intellectual disability must in terms of the Act—
(a)obtain a licence from the provincial department concerned to operate; and
(b)be subjected to at least an annual audit by designated officials of the provincial department concerned.

 

(2) The conditions of a licence contemplated in subregulation (1) must clearly be stipulated by the provincial department concerned and must include—
(a)the physical address of the relevant service;
(b)the number of people to be accommodated;
(c)whether such service is to be used for children, adults, or geriatrics;
(d)service requirements;
(e)the duration of the licence; and
(f)that the licence is not transferable.