Question NW1886 to the Minister of Health
12 June 2023 - NW1886
Hlengwa, Ms MD to ask the Minister of Health
Whether his department has any alternatives in place should the current negotiations with private hospitals to admit detainees needing pretrial psychiatric assessments fail; if not, what is the position in this regard; if so, (a) what are the relevant details of the alternatives and (b) how does his department intend to ensure that the standard of the services offered are of the same quality as the services offered in private hospitals?
Reply:
The response is based on an assumption that the term pre-trial psychiatric assessments refers to an enquiry into a mental condition of an accused in terms of Section 77, 78 and 79 of the Criminal Procedure Act, 1977 (Act No 51 of 1977) as amended.
(a) The Department is not aware of any negotiations regarding private hospitals admitting detainees needing pre-trial psychiatric assessment.
(b) Currently, private hospitals do not offer services for detainees needing pre-trial psychiatric assessment.
(c) Provincial Departments of Health contract psychiatrists and psychologists from the private sector to assist with pre-trial assessments in public sector facilities.
Enquiries into a mental condition of an accused in terms of the Criminal Procedure Act is a service that the Department of Health renders at the request by courts to assist the Criminal Justice System in evidence gathering and prosecution of accused as required by the Criminal Procedures Act, 1977. It is therefore not a health service, but a function of criminal justice. Furthermore, the budget for this function is with the Department of Justice and Constitutional Development who also remunerate the Department of Health as well as the professionals that are appointed by the courts to conduct the enquiries.
END.