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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 6 : In-Patient and Out-Patient Services

26. Death, serious injury or abuse of service user or any person affected by substance abuse in treatment centre or halfway house

 

(1) In the event of a natural or an unnatural death of a service user in a treatment centre or halfway house, the manager of such centre or house must immediately report such death to—
(a) the Director-General;
(b) the next of kin; and
(c) the parent or guardian of the child.

 

(2) In the event of an unnatural death of a service user in a treatment centre or halfway house, the manager of such centre or house must, in addition to the persons referred to in subsection (1), immediately report such death to a police official.

 

(3) 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.

 

(4) If a service user or any persons affected by substance abuse is seriously injured or allegedly abused while at a treatment centre or halfway house, the manager of such centre or house must report such injury or abuse to the Director-General, who must cause an investigation to be conducted into the circumstances of such injury or abuse.

 

(5) A manager who fails to comply with subsection (1), (2) or (4) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.