| (1) |
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). |
| (2) |
A public prosecutor, or another fit and proper person designated by the magistrate concerned, must appear at the enquiry, and such prosecutor or other person may call witnesses to give evidence at the enquiry and may cross-examine such witnesses. |
| (3) |
The person in respect of whom the enquiry is being held— |
| (a) |
is entitled to legal representation; |
| (b) |
is entitled to cross-examine any witness and to call witnesses; |
| (c) |
may give evidence in person or through his or her legal representative; and |
| (d) |
may show cause why an order must not be made in terms of subsection (7). |
(4)
| (a) |
No person whose presence is not necessary may be present at an enquiry, except with the consent of the magistrate. |
| (b) |
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. |
| (c) |
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. |
| (d) |
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. |
| (5) |
The magistrate holding the enquiry— |
| (a) |
must, before he or she makes an order in terms of subsection (7), direct the public prosecutor or other person appearing at the enquiry contemplated in subsection (2), to submit to him or her the report obtained from a social worker in terms of section 33(4); |
| (b) |
may direct that the person in respect of whom the enquiry is being held be examined by a medical practitioner, psychiatrist or clinical psychologist designated by the magistrate; |
| (c) |
may call upon the medical officer, psychiatrist or clinical psychologist to furnish him or her with a report reflecting the results of the examination; and |
| (d) |
may consider the views of a victim of crime committed by such person. |
| (6) |
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. |
| (7) |
If it appears to a magistrate on consideration of the evidence and of any report submitted or furnished to him or her in terms of subsection (5) that— |
| (a) |
the person concerned is a person contemplated in section 33(1); |
| (c) |
it would be in such a person’s interest or in the interest of his or her dependents, if any, or in the interest of the community that he or she be admitted to a treatment centre, |
the magistrate may order that the person concerned be admitted to a treatment center designated by the Director-General for a period not exceeding 12 months.
| (8) |
A magistrate who makes an order in terms of subsection (7) that a person be admitted to a treatment centre may, in addition, order that such person be admitted in custody as provided for in section 36 or released on bail or warning until such time as effect can be given to the order of the court. |
| (10) |
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. |
Gas Regulator Levies Act, 2002
