SAHRC final report details serious rights violations at NC mental health hospital, calls for urgent reform

THE SOUTH African Human Rights Commission (SAHRC) has released a final investigative report detailing serious human rights violations at the Northern Cape Mental Health Hospital (NCMHH) in Kimberley, including conditions that led to patient deaths and denied access to essential care for mental health users.

The report, launched by the SAHRC’s Northern Cape provincial office, stems from an own-initiative investigation triggered by monitoring visits in 2024. It accuses the Northern Cape Department of Health of breaching its constitutional duties to protect the rights of mental health care users, who are described as particularly vulnerable due to psychosocial and/or intellectual impairments.

According to the 59-page document, key findings include a “constructive denial” of mental health services caused by infrastructural decay and operational breakdowns. 

The hospital, designed to accommodate 287 beds, was operating at only 153 beds during a May 2024 inspection due to unsafe conditions such as collapsing ceilings, peeling walls, broken boilers, non-functional sanitation systems, and persistent power outages linked to cable theft.

Security lapses – including inoperable CCTV cameras, alarms and biometric access systems – further compromised safety.

The investigation also documented violations of the right to dignity and freedom from inhuman or degrading treatment, with the facility described as “unsafe, unsanitary and uninhabitable”. 

A failure to protect the right to life was evidenced by patient deaths linked to these conditions, although the report does not specify the number of fatalities.

It notes allegations of deaths and patient transfers potentially associated with infrastructural failures, with clinical aspects examined separately by the Office of the Health Ombud as part of a collaborative probe.

Inadequate oversight and governance allowed these problems to persist, the report states, echoing concerns raised during a 2019 SAHRC national hearing on mental health care, which highlighted similar nationwide deficiencies such as inadequate infrastructure, budgetary constraints and staffing shortages.

The SAHRC conducted the probe under its constitutional mandate, the SAHRC Act of 2013, and its role as co-ordinator of the National Preventive Mechanism under the Optional Protocol to the Convention Against Torture. Inspections were both announced and unannounced, focusing on preventing ill-treatment in deprivation-of-liberty settings.

Respondents named in the report include the Northern Cape MEC for Health and the head of department, cited for their roles in health service delivery and oversight. They were given opportunities to respond to preliminary findings in August 2025, but submissions received by September 5, 2025, did not directly address the issues, leading to the finalisation of the report.

The document outlines time-bound recommendations primarily for the Northern Cape Department of Health, including:

• Conducting a comprehensive infrastructure audit within 60 days and prioritising repairs to restore full capacity.
• Establishing robust back-up systems for power, water and security within specified timelines.
• Addressing staffing shortages by recruiting critical personnel and providing training on human rights standards.
• Implementing quarterly progress reports to the SAHRC, starting within 90 days of the report's receipt.
• Designating a senior official as liaison for oversight and allowing follow-up monitoring visits.

The report also emphasises South Africa’s obligations under international instruments such as the International Covenant on Economic, Social and Cultural Rights and the UN Convention on the Rights of Persons with Disabilities, as well as domestic legislation including the Mental Health Care Act of 2002 and the National Mental Health Policy Framework 2023-2030.

The final report has been transmitted to Health Minister Dr Aaron Motsoaledi and the respondents for action. 

SAHRC officials declined immediate comment beyond the document, which calls for “grave urgency” in implementing reforms to prevent further violations.

The investigation forms part of the SAHRC’s ongoing scrutiny of mental health facilities, prompted by persistent reports from stakeholders and the commission’s own observations.