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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

39. Postponement of order

 

(1) If it appears to a magistrate at an enquiry contemplated in section 35 that the person in respect of whom the enquiry is being held is a person contemplated in subsection (7) of that section, the magistrate may postpone the making of an order in terms of that subsection for a period not exceeding three years, and must release the person concerned on condition that he or she—
(a) submits himself or herself to supervision by a social worker or a probation officer specialising in substance abuse; and

(b)        undergoes any prescribed treatment.

 

(2) The Magistrate may order that the Director-General, after consideration of a report by a social worker, discharge any person in respect of whom the making of an order has been postponed in terms of this section unconditionally.

 

(3) Where the making of an order has been postponed for a period of less than three years, the Director-General may, after consideration of a report by a social worker, at any time before the expiry of such period make an order extending the period of postponement for such further period, not exceeding the difference between three years and the period for which the making of the order has been postponed, as he or she may deem fit.

 

(4) If at the end of the period for which the making of an order has been postponed in terms of this section the Director-General is satisfied that the person concerned has observed all the conditions subject to which he or she was released, the Director-General must discharge him or her unconditionally.

 

(5)        

(a) If a person in respect of whom the making of an order has been postponed in terms of this section fails to comply with any of the conditions subject to which he or she was released, he or she may, upon the order of any magistrate, be apprehended without warrant by a police official, upon which an order in terms of section 35(7) may be made as if the making of such an order had never been postponed.
(b) A person apprehended in terms of paragraph (a) may be placed in custody in any place referred to in section 40(1) until he or she can be brought before a magistrate.
(c) Section 40(4) applies with the changes required by the context in respect of a person placed in custody in terms of paragraph (b).

 

(6) A copy of an order made in terms of subsection (1) purporting to be certified by the clerk of the court or any other officer having the custody of the records of the magistrate’s court to which the magistrate who made the order is or was attached must, if the name of the person mentioned therein against whom such order was made, substantially corresponds with that of the person who is to be dealt with in accordance with the provisions of subsection (2), (3), (4) or (5), on the mere production thereof be regarded as prima facie proof of the fact that such order was so made against such person.