Your Mental Health Rights in South Africa
Every South African has legally enforceable rights when receiving mental health care. These rights are established by Section 6 of the National Health Act (Act 61 of 2003) and reinforced by the Mental Health Care Act 17 of 2002 and the WHO/OHCHR 2023 guidance on mental health, human rights and legislation.
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Why Your Rights Matter
Mental health care in South Africa is often experienced as something that happens to people rather than with them. Many South Africans do not know that they have legally enforceable rights that govern how they must be treated, what information they must be given, and what decisions they are entitled to make for themselves.
The National Health Act (Act 61 of 2003), specifically Section 6, establishes a comprehensive set of patient rights that apply to all health services in South Africa, including mental health services. These rights are not optional guidelines — they are legal requirements. Health care providers who violate them may be reported to the Health Professions Council of South Africa (HPCSA) or the Office of Health Standards Compliance (OHSC).
The WHO/OHCHR 2023 guidance on mental health, human rights and legislation reinforces these principles at an international level, calling for mental health systems worldwide to be rights-based, person-centred, and recovery-oriented. South Africa's constitutional commitment to dignity, equality, and access to health care aligns directly with these international standards.
Your Rights Under Section 6 of the National Health Act
Section 6(1) of the National Health Act (Act 61 of 2003) lists the following rights for every person receiving health services in South Africa:
You must be given information about your health status, the range of diagnostic procedures and treatment options available to you, the benefits, risks, costs, and consequences of each option, and the right to refuse treatment — all in a language you understand.
What this means in practice:
Before any treatment begins, ask your provider: 'What are all my options, including non-medication approaches? What are the risks and benefits of each?'
You have the right to participate in any decision affecting your health, including decisions about diagnostic procedures and treatment.
What this means in practice:
You are not a passive recipient of care. You are a partner in your treatment decisions. Ask questions, request explanations, and take time to consider your options.
You have the right to refuse health services, including medication, unless you have been involuntarily committed under the Mental Health Care Act following a formal assessment.
What this means in practice:
If a provider pressures you to accept treatment you have refused, ask them to document your refusal and their response. You may also seek a second opinion.
Your health information is confidential. It may only be disclosed with your consent, or in limited circumstances defined by law.
What this means in practice:
Ask your provider who will have access to your records and under what circumstances your information might be shared.
You have the right to access your own health records and to request copies of them.
What this means in practice:
You can request your records from any health facility. They must be provided to you. There may be a reasonable administrative fee.
You have the right to be treated with dignity and respect at all times, including when receiving mental health care.
What this means in practice:
If you are treated disrespectfully, you have the right to complain to the facility, the HPCSA, or the Office of Health Standards Compliance.
No health establishment may refuse you emergency care.
What this means in practice:
In a mental health crisis, any public hospital emergency department must provide you with care. You cannot be turned away.
You have the right to seek a second opinion from another health care provider.
What this means in practice:
If you are unsure about a diagnosis or treatment recommendation, you are legally entitled to seek another professional opinion without penalty.
Source: Republic of South Africa. (2003). National Health Act, Act 61 of 2003, Section 6(1). Government Gazette No. 26595. Available at: www.gov.za/documents/national-health-act
The Mental Health Care Act 17 of 2002
The Mental Health Care Act 17 of 2002 governs the care, treatment, and rehabilitation of persons with mental illness in South Africa. It establishes important protections and procedures, including:
Voluntary Treatment
Mental health care should be voluntary wherever possible. Involuntary treatment is a last resort, subject to formal assessment and review.
Formal Assessment Required
Involuntary admission requires a formal assessment by two health care practitioners. You have the right to appeal any involuntary care order to the Mental Health Review Board.
Right to Legal Representation
If you are subject to involuntary care proceedings, you have the right to legal representation and to be heard by the Mental Health Review Board.
Community-Based Care Priority
The Act prioritises community-based care and rehabilitation over institutional care, in line with international human rights standards.
WHO/OHCHR 2023 International Standards
The Mental health, human rights and legislation: guidance and practice document published by the World Health Organization and the Office of the United Nations High Commissioner for Human Rights in 2023 establishes the following core principles for rights-based mental health systems:
Legal Capacity
The WHO 2023 guidance calls for all people, including those with mental health conditions, to retain their legal capacity to make decisions about their own treatment. Substitute decision-making (where someone else decides for you) should be replaced with supported decision-making (where you are helped to make your own decisions).
No Coercive Practices
The guidance calls for the elimination of coercive practices in mental health care, including forced medication, seclusion, and restraint. These practices are incompatible with human rights standards.
Community-Based Care
Mental health services should be provided in the community, close to where people live, rather than in large institutions. Community-based care improves outcomes and preserves dignity.
Peer Support
The WHO recognises peer support — help from people with lived experience of mental health challenges — as a valuable and evidence-informed component of mental health systems.
Diverse Community Supports
The WHO 2023 guidance explicitly recognises faith-based organisations, traditional healers, and community groups as part of the broader mental health support network, serving as a complementary layer alongside clinical services.
Recovery Orientation
Mental health systems should be oriented toward recovery — defined as living a meaningful, self-directed life — not merely symptom management. Recovery is possible for everyone.
Source: World Health Organization & Office of the United Nations High Commissioner for Human Rights. (2023). Mental health, human rights and legislation: guidance and practice. WHO. ISBN 978-92-4-008073-7. Available at: www.who.int/publications/i/item/9789240080737
Before You Start Treatment: A Practical Checklist
Use this checklist before agreeing to any mental health treatment. You are entitled to answers to all of these questions under Section 6 of the National Health Act.
What is my diagnosis, and how was it reached?
What are all the available treatment options — including non-medication approaches?
What are the risks and benefits of each option?
What is likely to happen if I choose no treatment?
How long will treatment last, and what does it cost?
What are the known side effects of any medication being recommended?
Can I try a non-medication approach first?
Can I get a second opinion?
Who will have access to my health records?
What happens if I want to stop treatment?
Tip: Bring a trusted person with you to appointments to help you remember the information and support you in asking questions.
How to Report a Rights Violation
If your rights have been violated, you can report the matter to the following bodies:
Health Professions Council of South Africa (HPCSA)
Complaints against registered health professionals (psychiatrists, psychologists, counsellors)
www.hpcsa.co.za | 012 338 9300
Office of Health Standards Compliance (OHSC)
Complaints about health facilities (hospitals, clinics)
www.ohsc.org.za | 0800 22 44 52
South African Human Rights Commission (SAHRC)
Complaints about violations of constitutional rights, including dignity and equality
www.sahrc.org.za | 011 877 3600
Mental Health Review Board
Appeals and reviews of involuntary mental health care orders
Contact your provincial Department of Health
What Happens If a Practitioner Doesn't Inform You of Your Rights?
Under Section 6 of the National Health Act (Act 61 of 2003), every health care provider has a legal obligation to inform patients of their rights before and during treatment. If a practitioner fails to do this, you have concrete legal recourse. This section explains what that recourse is — in plain language. This is not legal advice. For legal advice, consult a qualified attorney or contact the Legal Aid South Africa helpline.
Important Disclaimer
The information on this page is provided for general educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a qualified attorney or contact Legal Aid South Africa on 0800 110 110 (free).
1File a Complaint with the HPCSA
The Health Professions Council of South Africa (HPCSA) is the statutory body that regulates health professionals including doctors, psychiatrists, psychologists, and counsellors. If a registered health professional has failed to inform you of your rights, treated you without your informed consent, or violated your dignity, you can file a formal complaint.
Who can be complained about: Any HPCSA-registered health professional (doctors, psychiatrists, psychologists, occupational therapists, etc.)
What happens: The HPCSA investigates the complaint. If upheld, the practitioner may receive a caution, fine, suspension, or have their registration removed.
How to complain: Download the complaint form from www.hpcsa.co.za or contact the HPCSA directly.
Contact: 012 338 2931 | [email protected]
Cost: Free to file a complaint.
2Contact the Office of the Health Ombud
The Office of the Health Ombud was established under the National Health Amendment Act to investigate complaints about poor quality of care in health establishments. It operates independently and can investigate complaints against both public and private health facilities.
Who can be complained about: Health establishments (hospitals, clinics, mental health facilities) — not individual practitioners.
What happens: The Ombud investigates and can make recommendations, require remedial action, and refer matters to the relevant authority.
How to complain: Submit a complaint via the Office of the Health Ombud website or contact them directly.
Contact: 0800 246 246 | www.ohsc.org.za
Cost: Free.
3Complain to the Department of Health
If the violation occurred in a public health facility, you can complain directly to the National Department of Health or your Provincial Department of Health. Public facilities are required to have a complaints procedure under the Batho Pele principles.
National DoH: 0800 033 339 (Presidential Hotline)
Online: www.health.gov.za
At the facility: Ask to speak to the Patient Liaison Officer or Complaints Manager — every public health facility is required to have one.
4Seek Legal Advice
If you have suffered harm as a result of a practitioner's failure to obtain informed consent or violation of your rights, you may have a civil claim. This is a matter for a qualified attorney. Legal Aid South Africa provides free legal assistance to qualifying individuals.
Legal Aid South Africa: 0800 110 110 (free) | www.legal-aid.co.za
South African Human Rights Commission: 011 877 3600 | www.sahrc.org.za
Note: Civil claims for medical negligence are subject to prescription periods. Seek legal advice promptly.
5Involuntary Treatment: Special Protections
If you or someone you know has been admitted to a mental health facility without consent, the Mental Health Care Act 17 of 2002 provides specific protections. Involuntary admission requires a formal assessment process, a 72-hour observation period, and review by a Mental Health Review Board.
Mental Health Review Board: Every province has a Mental Health Review Board that oversees involuntary admissions. Contact your provincial Department of Health for details.
Right to legal representation: Persons subject to involuntary treatment have the right to legal representation at review board hearings.
Right to appeal: Decisions of the Mental Health Review Board can be appealed to the High Court.
Key Principle: You Always Have the Right to Say No
Under Section 6(1)(c) of the National Health Act, you have the right to refuse treatment. No health care provider may administer treatment without your informed consent, except in a genuine emergency where you are unable to consent. If you feel pressured to accept treatment, you can ask for time to consider, ask for a second opinion, or leave the consultation. These rights apply to all health care settings — public, private, and alternative.