CHAPTER 305
MENTAL DISORDERS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application of Act to persons detained under previous written laws

   4.   Application of Act to warrants issued under previous written laws

   5.   Classification of mentally disordered and defective persons

PART II
PROCEEDINGS AND DETENTION

   6.   Authority for detention of patients

   7.   Magistrate may order apprehension in certain cases

   8.   Officer may apprehend without warrant in certain cases

   9.   Inquiry into state of mind of patient

   10.   Magistrate may interrogate patient and must obtain certificate

   11.   Adjudication order

   12.   Procedure when no adjudication order made

   13.   Control orders

   14.   Removal out of Zambia

   15.   Detention during removal

   16.   Patient to remain in place to which removed

PART III
ESTATES

   17.   High Court jurisdiction

   18.   Investigation into estate

   19.   Powers of Registrar and Administrator-General

PART IV
DISCHARGE

   20.   Discharge on certificate of sanity

   21.   Conditional release permit

   22.   Re-entry into Zambia of patient removed by warrant

   23.   Patients discharged in Southern Rhodesia

PART V
MISCELLANEOUS

   24.   Amendment of orders and certificates

   25.   False statements, entries and wilful obstruction

   26.   Conniving at escape of patient

   27.   Failure to report on re-entering Zambia

   28.   Failure to comply with order

   29.   Penalties

   30.   Appeals

   31.   Husband, wife or relative may apply to court for inquiry

   32.   Limitations of actions by patients

   33.   Return of records to court

   34.   Place of, admittance to and powers of hearing

   35.   Cost of maintenance of patients

   36.   Medical certificates evidence of certain facts

   37.   Visitation of patients

   38.   Reference in written laws to lunatics

   39.   Regulations

AN ACT

to provide for the care of persons suffering from mental disorder or mental defect; to provide for the custody of their persons and the administration of their estates; and to provide for matters incidental to or connected with the foregoing.

[Commencement date is missing]

Act 21 of 1949,

Act 22 of 1951,

Act 50 of 1963,

Act 69 of 1965,

Act 13 of 1994,

GN 90 of 1957,

GN 159 of 1964,

GN 497 of 1964,

SI 163 of 1965.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Mental Disorders Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“adjudication order” means an order made under section 11;

“child” means a person under the age of sixteen years;

“control order” means an order made under section 13;

court” means the High Court or a Judge sitting in chambers;

“inquiry” means an inquiry instituted under sections 7, 8, and 9;

“institution” means any mental hospital or other place which has been or may hereafter be prescribed by the Minister as an institution or place for the reception, treatment, or detention of two or more persons suffering from any mental disorder or defect;

“Magistrate” means a Magistrate empowered to preside over a subordinate court of the first or second class;

"medical practitioner” means a medical practitioner registered under the Medical and Allied Professions Act;

“mentally disordered or defective person” means any person who, in consequence of mental disorder or disease or permanent defect of reason or mind, congenital or acquired—

      (a)   is incapable of managing himself or his affairs; or

      (b)   is a danger to himself or others; or

      (c)   is unable to conform to the ordinary usages of the society in which he moves; or

      (d)   requires supervision, treatment or control; or

      (e)   (if a child) appears by reason of such defect to be incapable of receiving proper benefit from the instruction in ordinary schools;

“officer” means an administrative officer, a police officer, a district messenger or any person or class of persons prescribed;

“patient” means a person—

      (a)   concerning whom proceedings are considered necessary to determine whether or not he is suffering from mental disorder or defect; or

      (b)   who has been found to be a mentally disordered or defective person;

“permit” means a permit issued under section 21;

“Registrar” includes the Registrar, a deputy registrar, a district registrar, or an assistant registrar of the High Court;

“subordinate court” means a subordinate court of the first or second class;

“superintendent” means the officer or person in charge of an institution or other place, and includes a medical superintendent.

[S 2 am by Act 50 of 1963; GN 159 of 1964; Act 69 of 1965; SI 163 of 1965.]

3.   Application of Act to persons detained under previous written laws

In addition to the persons in respect of whom provision is made herein, this Act shall apply to every person who is, at the commencement of this Act, subject to an adjudication order.

4.   Application of Act to warrants issued under previous written laws

Every warrant or order for the removal or detention of any such person as is mentioned in the last preceding section, issued prior to such commencement, and in force at such commencement, shall be deemed to have been lawfully issued and shall remain in force until set aside or varied under this Act.

5.   Classification of mentally disordered and defective persons

For the purposes of this Act and all proceedings thereunder, mentally disordered or defective persons may be divided into the following classes:

Class I.-A person suffering from mental disorder, that is to say, a person who owing to some form of mental disorder is incapable of managing himself or his affairs.

Class II.-A person mentally infirm, that is to say, a person who through mental infirmity arising from age or from its common disorders is incapable of managing himself or his affairs.

Class III.-An idiot, that is to say, a person in whose case there exists mental defectiveness of such a degree that he is unable to guard himself against common physical dangers.

Class IV.-An imbecile, that is to say, a person in whose case there exists mental defectiveness which, though not amounting to idiocy, is yet so pronounced that he is incapable of managing himself or his affairs, or, if he is a child, of being taught to do so.

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