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

Chapter 8 : Admission, Transfer and Referral to Treatment Centre

49. Admission to treatment centre of persons who are not South African citizens or permanent residents

 

(1)
(a) The Government, represented by the Minister in consultation with the Minister of Foreign Affairs, may, subject to section 17 of the Immigration Act, enter into an agreement with the government of any other country for the admission to any treatment centre in the Republic of any person whose admission in any treatment center for a period of not more than one year has been ordered by a competent court or officer of such country according to that country’s laws.
(b) Whenever such an agreement has been entered into, the Minister must cause a notice of that fact and a summary of the terms of the agreement to be published in the Gazette.

 

(2) The Minister may, with due regard to section 35(8), order the admission to a treatment centre of any person whose admission in a treatment centre for a period of not more than one year has been ordered by a competent court or officer of that country, the government of which has entered into an agreement contemplated in subsection (1) with the Government of the Republic.

 

(3) A person admitted to a treatment centre by order of the Minister in terms of subsection (2) may be admitted to such centre until he or she is discharged in terms of this Act, but not longer than the expiration of the period fixed by the court which, or officer who, ordered that person’s admission to the treatment centre.

 

(4) This Act applies in respect of a person admitted to a treatment centre in terms of this section as if his or her admission in that treatment centre had been ordered in terms of this Act—
(a) but the manager concerned may not grant leave of absence to such person in terms of section 46 without the approval of the Director-General; and
(b) such person may only be discharged from the treatment centre in question if the Minister approves his or her discharge,

subject to the provisions of the agreement, if any, in terms of which such person was admitted to the treatment centre in question.

 

(5) 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 center for treatment, rehabilitation and skills development for substance abuse.

 

(6) The Minister may prescribe the condition for the administration or admission of a person who is not a South African citizen or a permanent resident into the Republic for treatment, rehabilitation or skills development.