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Armed police officers should not deal with people with mental illnesses for fear of violating their rights, warns prominent psychologist Shaun Whittaker. This comes as the government tabled the mental health bill on 14 October, to replace the outdated act of 1973. The new legislation states that people showing signs of mental illness can be involuntarily admitted for mental health treatment. But Whittaker says the role should be assigned to trained officers who can properly handle patients to avoid using or threatening to use force, for example, by carrying a weapon. “The police’s involvement should be redefined to acknowledge the rights of the patients,” he says. Whittaker says the new legislation supports human rights and considers admitting people against their will a “colonial action”. He adds that medication should not be administered without the patient’s consent as it always requires an assessment by a psychiatrist. Private social worker Secilia Nkore says there should be special officers or mental health response teams trained to handle people calmly and safely, adding that this should be done with respect and proper evaluation by psychology professionals and not as a punishment. “The police can sometimes make the situation worse or cause fear, for example by carrying weapons, “while trained officers can de-escalate situations with care and understanding,” she says. Nkore believes admitting people for mental health treatment without their consent should only happen if they are a danger to themselves or others. National police spokesperson deputy commissioner Kauna Shikwambi says if the police are not involved, it would be a neglect of duty, as their mandate is to prevent crimes and protect lives. “Police officers have a legal and moral obligation to respond to incidents that are life-threatening or that disturb public peace. Police officers are trained and equipped to handle situations, whether armed or unarmed,” she says. Shikwambi says it is the police’s responsibility to ensure that people with mental illnesses posing a danger to themselves or others are taken for stabilisation. Legal Assistance Centre coordinator Yolande Engelbrecht says the current law allows for people to be involuntarily committed to an institution through a magistrate’s reception order. She says this order can be brought to the magistrate by an individual who believes a person may have a mental illness to a degree that they should be committed to an institution. “The police may both file a reception order or detain someone and file a reception order if they believe an individual is at risk to themselves or others,” she says. In emergencies, Engelbrecht says, the law authorises an application to be made directly to the superintendent of the institution. This must be accompanied by a medical certificate not more than two days old and a statement about why the matter is urgent.
