Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsRegulations 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 20269. Cancellation of licence |
| (1) | A licence granted to a licensee may be cancelled by the HOD, if the:— |
| (a) | licence holder fails to comply with any condition subject to which the licence is granted; |
| (b) | relevant mental health day care facility or residential care facility is not maintained in accordance with the Norms and Standards Regulations Applicable to Different Health Establishments published in Government Gazette No. 41419, Notice No. 67 of 02 February 2018, listed under the National Health Act, 2003 (Act No. 61 of 2003); |
| (c) | licensee is convicted of an offence and sentenced to 12 months imprisonment without an option of a fine; |
| (d) | licensee becomes insolvent; or |
| (e) | licensee relocates the mental health day care facility or residential care facility to another facility. |
| (2) | Before the HOD cancels the licence, he or she must give notice in writing to the licensee of the intended cancellation. |
| (3) | The notice referred to in subregulation (2) must set out the reasons for the intended cancellation and inform the licensee to furnish reasons within 30 days why the licence should not be cancelled. |
| (4) | If the HOD cancels a licence, he or she must give notice in writing to the licensee that the licence has been cancelled and that the day care facility or the residential care facility must be closed down on or before the date specified in that notice. |
| (5) | If the licence is cancelled, the HOD must assume administrative responsibility for the mental health care users who are in the facility concerned until the users are transferred to another suitable facility. |
| (6) | The HOD must transfer the mental health care users, after informing the mental health care users or families concerned to another facility on or before the date contemplated in subregulation (4). |