The MEC may, in consultation with the relevant provincial departments, develop an integrated provincial strategy for community based services.
The MEC may, in consultation with the members of the Executive Council responsible for Health, Education, Sports and Recreation, Safety and Security and Local Government in the province in question and from moneys appropriated by the provincial legislature for that purpose, fund community based services for the province.
Community based services rendered by non-governmental organisations may qualify for funding from money appropriated by the provincial legislature if they comply with the registration requirements contemplated in subsection (2).
The community based strategy must target children and youth whether in and out of school, people with disabilities, older persons, families and communities in both rural and urban areas.
Community structures must be involved and participate in the rendering of community based services.
be managed and maintained in accordance with this Act; and comply with the prescribed norms and standards contemplated in section 6(1) and such other requirements as may be prescribed.
No person may provide community-based services unless the services are registered in terms of this section.
A person who renders a community-based service that has not been registered in terms of this section is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
there is proper and effective management of services; and appropriate complaints mechanisms and procedures are in place.
All mental health practitioners must be registered with the appropriate statutory body responsible for the relevant profession.
The Minister may, in consultation with the MEC and after giving three months notice and providing reasons for his or her decision, disestablish a public treatment centre.
A service user is admitted to a public treatment centre for the purposes of receiving or undergoing treatment and rehabilitation, including skills development.
No person may establish or manage any treatment centre maintained for the treatment, rehabilitation and skills development of service users or in which such persons receive mainly physical, psychological, spiritual or social treatment unless such treatment centre is registered in terms of this section.
The Director-General may grant a conditional registration on such conditions as he or she may deem ï¬t for a maximum period of 12 months and must specify those conditions to the applicant in the prescribed manner.
The conditional registration contemplated in subsection (4) may only be extended for a maximum period of 12 months under the same conditions.
The Director-General may at any time after three months' notice of his or her intention to do so, and after consideration of any representation received by him or her during such months, amend or cancel a registration certiï¬cate issued in terms of subsection (3) or (4).
A registration certiï¬cate granted by the Director-General is valid for a period of ï¬ve years, and is renewable every ï¬ve years on application by the owner or manager of a treatment centre six months prior to the expiry date.
The Director-General may refuse an application for registration in terms of subsection (2) or (7) if, after consideration of such application, he or she is not satisï¬ed that such treatment centre is or will be managed or conducted in the manner contemplated in subsection (3).
If an application for a registration certiï¬cate is refused or if such certiï¬cate is cancelled, the owner or manager concerned must take reasonable steps to ensure that all service users admitted in the treatment centre concerned are admitted in another registered facility or with persons who, in the opinion of a social worker, are ï¬t and proper persons for accommodating such service users.
The amendment or cancellation of a registration certiï¬cate contemplated in this section must be effected by notice in writing addressed to the holder thereof and comes into operation on a date speciï¬ed in the notice, which date may not be earlier than three months after the date of the notice, unless the Director-General and the holder of the registration certiï¬cate have agreed otherwise.
No person may establish or manage a private halfway house unless such halfway house has been issued with a registration certiï¬cate contemplated in subsection (3).
The conditional registration contemplated in subsection (4) may be extended for a maximum period of 12 months under the same conditions.
The Director-General may at any time after three months' notice of his or her intention to do so, and after consideration of any representation received by him or her during such period, amend or cancel a registration certiï¬cate issued in terms of subsection (3) or (4).
The amendment or cancellation of a registration certiï¬cate contemplated in this section must be effected by notice in writing to the holder thereof and comes into operation on a date speciï¬ed in the notice, which date may not be earlier than three months after the date of the notice, unless the Director-General and the holder of the registration certiï¬cate have agreed otherwise.
The Director-General must refuse the application in terms of subsection (2) if, after consideration of such application, he or she is not satisï¬ed that such private halfway house is or will be managed or conducted in the manner contemplated in subsection (3).
A registration certiï¬cate issued under subsection (3) or (4) is not transferable.
The holder of a registration certiï¬cate issued under subsection (3) or (4) may, after three months written notice, surrender such registration certiï¬cate to the Director-General.
The manager of a treatment centre or halfway house must report to the Director-General any circumstance which may result in his or her inability to comply with any condition contemplated in section 19(4) or 21(4).
hand over to the Department all assets bought with government funds where appropriate.
Any person who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
A person convicted of an offence contemplated in this section, may not manage or operate a treatment centre or halfway house.
treatment centre or halfway house is managed in a way that constitutes a danger or threat to the service users admitted in such a centre or house.
After conclusion of the assessment and monitoring, the team must compile a report of its ï¬ndings and recommendations to the Director-General.
the treatment centre or halfway house has failed to comply with the minimum norms and standards and the prescribed requirements, take steps to ensure compliance with minimum norms and standards, or amend or cancel a registration certiï¬cate contemplated in sections 19(6) and 21(6).
Notwithstanding subsection (6) the Director-General may, upon receipt of a report contemplated in subsection (5) and if he has reason to believe that there is imminent danger to the health and safety of any service user or person engaged in the services or the treatment centre or halfway house, apply to the court for immediate closure of the treatment centre or halfway house.
Upon cancellation of a registration certiï¬cate or closure of the treatment centre or halfway house, the Director-General must ensure that service users in such treatment centre or halfway house are transferred to another treatment centre or halfway house.
fails to produce any relevant document or record required by the monitoring and assessment team for the investigation, is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
a suitably qualiï¬ed person, as prescribed, as a manager of a public treatment centre or halfway house; and such staff as may be required for the proper management and control of a public treatment centre and public halfway house.
A social worker, medical practitioner, psychiatrist, psychologist or nurse contemplated in paragraph (a) may be attached to the public treatment centre or public halfway house in question or may be assigned to such treatment centre or halfway house by the Director-General.
Any person who is aggrieved by any decision of the Director-General contemplated in sections 17, 19, 21, or 23(6) may appeal to the Minister in the prescribed manner.
the next of kin; and the parent or guardian of the child.
The police official must, upon receipt of the report in terms of subsection (2), cause an investigation into the circumstances surrounding the death of the service user or any persons affected by substance abuse to be conducted by the South African Police Service.
programmes for adults and children who have been diverted from the criminal justice system; and holistic treatment services, including family programmes, treatment services, therapeutic intervention, aftercare and reintegration.
Section 148 of the Children's Act applies in relation to court ordered early intervention programmes for children.
Section 167 of the Children's Act applies with the necessary changes required by context in respect of children placed in alternative care for substance abuse related offences.
The Minister must, in consultation with the ministers and organs of state referred to in section 8(1), prescribe integrated aftercare and reintegration services aimed at the successful reintegration of a service user into society, the workforce and family and community life.
Service users and persons affected by substance abuse may, as prescribed, establish support groups that focus on integrated ongoing support to service users in their recovery.
Support groups may be established at community level by a professional, non-governmental organisation or a group of service users or persons affected by substances abuse.
A person who submits himself or herself voluntarily to a treatment centre for treatment, skills development and rehabilitation is entitled to appropriate treatment, rehabilitation and skills development services.
The Director-General of the Department of Health must provide detoxiï¬cation services and health care requirements to voluntary service users at a public health establishment.
A treatment centre may provide detoxiï¬cation services to voluntary service users provided such treatment centre complies with the National Health Act.
An application contemplated in subsection (1) must be accompanied by a report from a social worker regarding the applicant's social circumstances, including any medical or psychiatric report that the manager of the treatment centre may consider necessary.
If a social worker is not available at the time of admission, such report must be submitted within seven days after admission to the treatment centre.
commits a criminal act to sustain his or her dependence on substances.
Notwithstanding subsection (2), a magistrate of the relevant court may, at the request of the public prosecutor, issue a warrant directing that a service user contemplated in subsection (1) be apprehended and be brought before the magistrate.
A public prosecutor may request a clerk of the court to issue a summons in respect of any person or request a magistrate to issue a warrant for the apprehension, only after he or she has obtained a report from a social worker regarding the social circumstances of the person concerned and any other matter that the prosecutor may consider relevant.
arrest, detention and searching; and the manner in which persons summoned to appear may be dealt with on failure to appear or to remain in attendance as required, apply with the changes required by the context in respect of warrants for the apprehension and summonses issued under this section.
Section 152 of the Children's Act applies with the changes required by the context in respect of the admission and transfer of a child to a treatment centre.
Subject to this section, a magistrate before whom any person is brought in terms of section 33(2) or (3) must, in the presence of that person, enquire whether he or she is a person contemplated in section 33(1).
may give evidence in person or through his or her legal representative; and may show cause why an order must not be made in terms of subsection (7).
No person whose presence is not necessary may be present at an enquiry, except with the consent of the magistrate.
Section 159(1) of the Criminal Procedure Act, in so far as it relates to the holding of a criminal trial in the absence of an accused person, applies with the changes required by the context in respect of an enquiry held in terms of this section.
Section 108 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), applies with the changes required by the context in respect of proceedings in connection with an enquiry held in terms of this section as if such proceedings are those of a court contemplated in section 108 of the said Act.
Any person who at such an enquiry gives false evidence knowing it to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.
The contents of any report submitted or furnished in terms of subsection (5) must be disclosed to the person concerned, and such person or his or her legal representative must be given an opportunity, if he or she so desires, to cross-examine the person by whom the report was made in relation to any aspect thereof and may refute any allegation contained therein.
An order made in terms of subsection (7) does not preclude the reporting of a criminal offence, if any, by the victim of such an offence to the police official.
Estimation of age of person the age of a person is a relevant fact of which no or insufficient evidence is available, the presiding officer in legal proceedings or a medical practitioner in other proceedings may estimate the age of that person by his or her appearance or from any information which is available, and the age so estimated is, for the purposes of this Act, deemed to be the true age of that person; and it is proved after the conclusion of those proceedings that the age so estimated is not the true age of that person, the error may not, if it was made in good faith, affect any decision given or order made in the course of those proceedings.
undergoes any prescribed treatment.
The Magistrate may order that the Director-General, after consideration of a report by a social worker, discharge any person in respect of whom the making of an order has been postponed in terms of this section unconditionally.
Where the making of an order has been postponed for a period of less than three years, the Director-General may, after consideration of a report by a social worker, at any time before the expiry of such period make an order extending the period of postponement for such further period, not exceeding the difference between three years and the period for which the making of the order has been postponed, as he or she may deem ï¬t.
he or she has not yet been discharged from treatment centre concerned; and been so discharged, give further reasons as to why he or she must not be discharged.
one private treatment centre to another private treatment centre, if the involuntary service user concerned is likely to beneï¬t from the treatment or skills development provided at the public or private treatment centre to which he or she is to be transferred.
No person transferred to a public treatment centre in terms of section 44 may be transferred to a private treatment centre in terms of this section.
such person is likely to beneï¬t from the particular kind of treatment and skills development provided in the public treatment centre.
The manager may vary the conditions of such release after giving notice thereof to such service user.
An involuntary service user recalled to a treatment centre and who fails to return on the return date, must be regarded as having absconded and may be apprehended in terms of section 52(2).
An involuntary service user apprehended in terms of section 52(2) must be admitted in custody until he or she can be returned to the treatment centre in question.
A service user recalled to a treatment centre in terms of subsection (1) or (2) and who has returned to such centre must be admitted to that centre until he or she is released or discharged in terms of this Act.
Any person who is not a South African citizen or a permanent resident may, subject to section 17 of the Immigration Act, apply for admission at a treatment centre for treatment, rehabilitation and skills development for substance abuse.
CHAPTER 9 51.
return its record with instructions to the manager or designated person concerned.
An involuntary service user who has absconded from a health establishment or treatment centre may be apprehended by a police official and must as soon as possible be brought before the magistrate of the district in which he or she was apprehended.
transferred to another treatment centre or health establishment.
The magistrate must notify the Director-General of the result of the enquiry and of the order made in terms of this subsection.
Section 40(4) applies with the changes required by the context in respect of any person placed in custody in a place referred to in section 36(1) or in pursuance of an order made under subsection (7)(a)(ii).
Section 170 of the Children's Act applies with the changes required by the context in respect of a child absconding from alternative care or child and youth care centre.
There is hereby established a body known as the Central Drug Authority, which may exercise the powers and must perform the duties conferred or imposed on it by or in terms of this Act.
A member of the Central Drug Authority, except a member referred to in subsection 2(a) to (t), must be appointed for a period not exceeding ï¬ve years on such conditions as the Minister may determine at the time of making the appointment.
The Minister may terminate membership of any member for reasons which are just and fair.
A member of the Central Drug Authority, except a member referred to in subsection 2(a) to (t), may, on the expiry of any period for which he or she was appointed, be reappointed for one additional term only.
The ï¬rst meeting of the Central Drug Authority must be held at a time and place to be determined by the Minister, and subsequent meetings must be held at least twice a year and at such times and places as the chairperson may determine.
The Central Drug Authority must, as soon as is practicable after it has been established, draft rules governing its quorum, the procedure at meetings and, generally, the conduct of its functions, and may from time to time alter or revoke any such rules.
The executive committee of the Central Drug Authority consists of the chairperson and vice-chairperson of the Central Drug Authority and not less than four and not more than ten such other members of the Central Drug Authority as may be determined and designated by the Central Drug Authority.
The executive committee may, subject to the directions of the Central Drug Authority, during periods between meetings of the Central Drug Authority exercise all the powers and perform all the duties of the Central Drug Authority.
may exercise such powers and must perform such duties as may be determined by the Minister from time to time.
The MEC must establish a Provincial Substance Abuse Forum for his or her province.
The MEC appoints the representatives contemplated in subsection (2).
Subsection (3) does not empower the executive committee to set aside or amend any decision of the Provincial Substance Abuse Forum.
Any decision taken or act performed by or on the authority of the executive committee is of full force and effect, unless it is set aside or amended by the relevant Provincial Substance Abuse Forum at its ï¬rst meeting following the meeting of the executive committee at which such decision was taken or such action was authorised.
The executive committee may make rules in relation to the holding of its meetings.
A municipality must establish a Local Drug Action Committee to represent such municipality and to give effect to the Mini Drug Master Plan.
A Local Drug Action Committee must designate a member of the committee as chairperson of that committee.
A Local Drug Action Committee must be linked to the Provincial Substance Abuse Forum established for the relevant province and must represent substance abuse forums at local government level.
The municipality in which a Local Drug Action Committee is situated must, from the moneys appropriated by the municipality for that purpose, provide ï¬nancial support to the Local Drug Action Committee.
The Central Drug Authority must request responsible government departments and Provincial Substance Abuse Forums to submit annual reports by no later than the last day of June, and such other reports as may be required.
delegate to any officer of the provincial administration concerned any power delegated to that MEC under subsection (2); and authorise any such officer to perform any duty which that MEC is authorised to perform under subsection (2).
authorise any such officer to perform any duty imposed upon the Director-General by this Act.
delegate to the HOD any power conferred on the Director-General by this Act; and authorise that HOD to perform any duty imposed on the Director-General by this Act.
authorise any such official to perform any duty which he or she is authorised to perform under this Act.
Any person to whom any power has been delegated or who has been authorised to perform a duty under this section must exercise that power or perform that duty subject to such conditions as the person who effected the delegation or granted the authorisation considers necessary.
any form that is required in the administration of the provisions in terms of this Act; and any ancillary or incidental administrative or procedural matter that is necessary to prescribe for the proper implementation or administration of this Act.
increase in normal hours of labour by not more than one hour per day for a period not exceeding two days.
If any form of penalty referred to in paragraph (b) is prescribed, the regulations must speciï¬cally provide that no such form of penalty may be imposed unless the medical officer responsible for the medical care of the service user concerned has certiï¬ed that such penalty will, in his or her opinion, not be harmful to the health of that service user.
Subject to subsection (2), the Prevention and Treatment of Drug Dependency Act, 1992 (Act No. 20 of 1992), is hereby repealed. (2) Any policy, strategy, proclamation, regulation, rule, notice, order, appointment, authorisation, leave of absence, licence, agreement, payment or certiï¬cate issued, made, prescribed, given, granted or entered into and any other action taken under any provision of a law repealed by subsection (1), must be regarded as having been issued, made, prescribed, given, granted, entered into or taken under the corresponding provision of this Act. 10 15 67. This Act is called the Prevention of and Treatment for Substance Abuse Act, 2008, and comes into operation on a date determined by the President by proclamation in the Gazette.
The South African Police Service Women's Network is hereby inviting the media to attend the above-mentioned event. The purpose of the event is to celebrate cultural diversity by social interaction.
UT G8 Info. Centre. Kananaskis Summit 2002.
Please send comments to: g8@utoronto.
All contents copyright © 2011. University of Toronto unless otherwise stated. All rights reserved.