Zambia
Mental Disorders Act, 1949
Chapter 305
- Not commenced
- [This is the version of this document at 31 December 1996.]
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 eleven;"child" means a person under the age of sixteen years;"control order" means an order made under section thirteen;"Court" means the High Court or a Judge sitting in chambers;"inquiry" means an inquiry instituted under sections seven, eight, and Nine;"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;[Cap. 297]*See section 56 of the Medical and Allied Professions Act (Cap. 297)"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 twenty-one;"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.[As amended by No. 50 of 1963, G.N. No. 159 of 1964, S.I. No. 163 of 1965 and No. 69 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.Class V.-A feeble-minded person, that is to say, a person in whose case there exists mental defectiveness which, though not amounting to imbecility, is yet so pronounced that he requires care, supervision and control for his own protection or for the protection of others, or, if he is a child, appears by reason of such defectiveness to be permanently incapable of receiving proper benefit from the instruction in ordinary schools.Class VI.-A moral imbecile, that is to say, a person who displays mental defectiveness coupled with strongly vicious or criminal propensities and who requires care, supervision and control for his own protection or for the protection of others.Part II – Proceedings and detention
6. Authority for detention of patients
Subject to the exceptions expressly provided by this Act, no person shall be received or detained as a patient in an institution or other place except under the authority of a warrant or order of the *Minister, a Judge or a magistrate in accordance with this Act the Criminal Procedure Code.[Cap. 88]*See S.I. No. 406 of 1965.[As amended by G.N. No. 159 of 1964]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
The magistrate may, in his discretion, himself interrogate the patient at the patient's place of abode or elsewhere, and shall, whether or not he makes such interrogation, direct any two medical practitioners to examine the patient. Such medical practitioners shall each furnish a certificate in the prescribed form within fourteen days (or such further time as the magistrate directs) stating whether in the medical practitioners' opinion the patient is either—11. Adjudication order
If, upon due consideration, the magistrate is satisfied that the patient is mentally disordered or defective and—12. Procedure when no adjudication order made
13. Control orders
14. Removal out of Zambia
15. Detention during removal
Any patient in course of removal under a warrant signed by virtue of section fourteen shall be deemed to be lawfully detained.16. Patient to remain in place to which removed
Part III – Estates
17. High Court jurisdiction
18. Investigation into estate
After making an adjudication order, the magistrate shall make an investigation into the estate of the patient and shall report to the Registrar in the prescribed form:Provided that where it appears to the magistrate that, owing to circumstances to be entered on the record, it is expedient that such investigation be continued by another magistrate, he shall adjourn the investigation and refer the record to such other magistrate, and such other magistrate shall thereupon, subject to any directions in that behalf which may be issued by the High Court, and which the High Court is hereby empowered to give, continue the investigation and conclude the same.[As amended by No. 22 of 1951]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
Any person who was—Part V – Miscellaneous
24. Amendment of orders and certificates
25. False statements, entries and wilful obstruction
Every person shall be guilty of an offence if he—26. Conniving at escape of patient
Any person who wilfully assists or permits or connives at the escape or attempted escape of any patient, or who secretes or harbours a patient who has escaped, shall be guilty of an offence.27. Failure to report on re-entering Zambia
Any patient who has been removed from Zambia by virtue of a warrant issued under section fourteen and who shall, on re-entering Zambia, fail to report as provided by section twenty-two, shall be guilty of an offence.28. Failure to comply with order
Any person who fails to comply with any order or carry out any conditions contained in an order shall be guilty of an offence.29. Penalties
30. Appeals
An appeal shall lie to the High Court against any order made by a magistrate under this Act at the suit of any person aggrieved by such order, in accordance with the practice and procedure for the time being in force for criminal appeals from the subordinate courts to the High Court.31. Husband, wife or relative may apply to Court for inquiry
Nothing in this Act contained shall prevent any husband, wife or other relative of any person alleged to be mentally disordered or defective, or any friend of such person who has no husband, wife or near relative at or near the place where such person is residing, from applying by petition directly to the Court for an inquiry into such person's mental condition, and the Court may make such order as it thinks fit.32. Limitations of actions by patients
33. Return of records to Court
The record of every proceeding under this Act before a magistrate and a certified copy thereof shall be transmitted with all convenient despatch to the Court, and the magistrate shall at the same time transmit a certified copy to the Director of Public Prosecutions.[As amended by S.I. No. 163 of 1965]34. Place of admittance to and powers of hearing
35. Cost of maintenance of patients
36. Medical certificates evidence of certain facts
Every medical certificate or report made under and for the purposes of this Act shall be prima facie evidence of the facts stated so far as they are within the knowledge of the person giving the certificate or making the report, and shall be evidence also of the opinion therein expressed by the certifying medical practitioner on such facts to the same extent as if the matter therein appearing had been verified on oath.37. Visitation of patients
Every person detained under the provisions of this Act may be visited at any reasonable time by any person specially or generally authorised in writing by a Judge or magistrate.38. Reference in written laws to lunatics
Whenever in any written law any reference to a lunatic or to lunacy or to an asylum is contained, that reference shall be read and construed as a reference to a patient or to a mentally disordered or defective person within the meaning of this Act, or, as the case may be, to mental disorder or defect or to a mental hospital.39. Regulations
History of this document
31 December 1996 this version
Consolidation