Cap. 525 Art. 24Certification. Cap. 16. Cap. 12. Incapacitation or interdiction. Cap. 9.

(1) A person suffering from a mental disorder shall be deemed able and competent to make decisions unless certified by a specialist as lacking mental capacity to do so.

(2) Only a specialist may certify a person suffering from a mental disorder as having mental capacity or lack thereof.

(3) Whenever it is deemed by a specialist that lack of mental capacity is of a transient nature not exceeding fourteen days, such transient lack of mental capacity shall be duly documented in the patient’s clinical records.

(4) Certification of lack of mental capacity for a period exceeding fourteen days but not exceeding twenty-six weeks or for the purpose of an application for incapacitation or interdiction in terms of the relevant provisions of the Civil Code and the Code of

Organization and Civil Procedure shall be made by the specialist on the prescribed form in accordance with the Eleventh Schedule giving:

(a) the reasons for such a decision; and

(b) the category and, or type of decisions that the person is incapable of taking; and independent specialist to verify such certification.

(6) Certification in terms of the Eleventh Schedule shall only be valid as approved by the Commissioner, and if such approval includes the recommendation of an application for incapacitation or interdiction, such certification shall cease to be valid after the lapse of twenty-six weeks from the date of approval, unless procedures for incapacitation or interdiction have been initiated.

(7) If during an approved period of lack of mental capacity, it is found that the person concerned no longer lacks mental capacity, a specialist shall apply to the Commissioner for the revocation of the certificate of lack of mental capacity in terms of the Twelfth Schedule, and the Commissioner shall appoint an independent specialist to assess the person and approve or otherwise the revocation of the certificate of lack of mental capacity.

(8) The Commissioner shall notify the Registrar of the Court of Voluntary Jurisdiction of all certificates of lack of mental capacity approved or revoked in terms of the Eleventh and Twelfth Schedules respectively and the Minister with the concurrence of the Minister responsible for Justice, shall make regulations to establish the procedure for entry and removal of such registrations.

(9) Every decree of incapacitation or interdiction given by a court of law on grounds of lack of mental capacity shall be notified to the Commissioner who may, if he so deems necessary, during the period of incapacitation or interdiction request the assessment by three specialists to review the mental capacity of the person concerned and where, after considering the said review, the Commissioner is of the opinion that the person concerned no longer lacks mental capacity, the Commissioner shall inform the court accordingly.

(10) Nothing in this article shall be construed or interpreted in such a way to affect the application of the Criminal Code.