Question posted in the General Law category relating to Western Cape
What are the laws regarding owning a mental health clinic or rehab
I just want to understand the laws and requirements of owning a rehab or mental health clinic. For example does it legally have to be registered and so forth?
Message from the client
Message from the Lawyer
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.
If somebody wants to operate a treatment facility, most accountants/lawyers will advise them to operate the business in the name of a private company and register the company for income tax and VAT. This will enable the business to claim back all of its expenses, and also VAT on expenses, and provide a proper service. It also enables the owners to separate themselves from the business, from a legal liability point of view.
The legislation which pertains to these businesses is the Mental Health Care Act, 2002 (Act No. 17 of 2002).
The best thing that I can do is to refer you to this guide [https://www.gov.za/sites/default/files/gcis_document/201705/40847gon441.pdf] which sets out the framework and the policy regarding operations, licencing, etc for businesses of this nature, because you will see that there are various types of businesses which need to be registered.