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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

21. Registration of private halfway house

 

(1) No person may establish or manage a private halfway house unless such halfway house has been issued with a registration certificate contemplated in subsection (3).

 

(2) Any person who desires to establish or manage a private halfway house contemplated in subsection (1) must apply in the prescribed manner to the Director-General for the registration of such halfway house.

 

(3) The Director-General may—
(a) after consideration of an application contemplated in subsection (2) and such other information as he or she may obtain; and
(b) if he or she is satisfied that such private halfway house is or will be managed and conducted in such a way that the reception, maintenance, rehabilitation, professional support and skills development of service users complies with the prescribed requirements,

grant the application for registration and issue a registration certificate.

 

(4) The Director-General may grant a conditional registration on such conditions as he or she may deem fit for a maximum period of 12 months and must specify those conditions to the applicant in the prescribed manner.

 

(5) The conditional registration contemplated in subsection (4) may be extended for a maximum period of 12 months under the same conditions.

 

(6) 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 certificate issued in terms of subsection (3) or (4).

 

(7) The amendment or cancellation of a registration certificate contemplated in this section must be effected by notice in writing to the holder thereof and comes into operation on a date specified 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 certificate have agreed otherwise.

 

(8) The Director-General must refuse the application in terms of subsection (2) if, after consideration of such application, he or she is not satisfied that such private halfway house is or will be managed or conducted in the manner contemplated in subsection (3).

 

(9) A registration certificate issued under subsection (3) or (4) is not transferable.

 

(10) The holder of a registration certificate issued under subsection (3) or (4) may, after three months written notice, surrender such registration certificate to the Director-General.

 

(11) The manager of a private halfway house must submit to the Director-General programmes established by it regarding its activities for prevention, treatment, rehabilitation, skills development and reintegration of persons contemplated in section 14(1).

 

(12) A service user may be admitted in a private halfway house for a period not exceeding six months, which period may, if there is a need for an extension of the period of admission, be extended for a further period not exceeding six months and if the manager concerned has furnished reasons for such extension to the Director-General.

 

(13) Any person who contravenes or fails to comply with this section, or any condition imposed thereunder, 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.