Housing Development Agency Act, 2008
R 385
Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)Chapter 8 : Admission, Transfer and Referral to Treatment Centre33. Admission of involuntary service user to treatment centre |
| (1) | An involuntary service user, except those referred to in sections 36 and 40, may not be provided with treatment, rehabilitation and skills development at a treatment centre unless a sworn statement is submitted to a public prosecutor by a social worker, community leader or person closely associated with such a person, alleging that the involuntary service user is within the area of jurisdiction of the magistrate’s court to which such prosecutor is attached and is a person who is dependent on substances and— |
(a) is a danger to himself or herself or to the immediate environment or causes a major public health risk;
(b) in any other manner does harm to his or her own welfare or the welfare of his or her family and others; or
(c) commits a criminal act to sustain his or her dependence on substances.
| (2) | The clerk of the court must, at the request of the public prosecutor, issue a summons to a police official to be served on a service user contemplated in subsection (1) calling on him or her to appear before a magistrate at a time and place stated in such summons. |
| (3) | 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. |
| (4) | 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. |
(5) The provisions of the Criminal Procedure Act relating to—
| (a) | the form and manner of execution of warrants of arrest; |
| (b) | the service of summonses in criminal cases in lower courts; |
| (c) | arrest, detention and searching; and |
| (d) | 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.
