ARRANGEMENT OF SECTIONS
PART I: PRELIMINARY
Sections
1. Short title.
2. Interpretation.
PART II: JUVENILE COURTS
3. Establishment of juvenile courts.
4. Officers of juvenile courts.
5. Procedure in juvenile courts.
6 .Certain provisions of Cap. 7:10 to apply to juvenile courts.
PART III: PREVENTION OF NEGLECT, ILL-TREATMENT AND EXPLOITATION OF CHILDREN AND YOUNG PERSONS
7. Ill-treatment or neglect of children and young persons.
8. Corruption of children and young persons.
9. Medical examination and treatment of children and young persons.
10. Begging and public entertainment.
11. Safeguarding of child audiences at public entertainments.
12. Power to bind over person having custody of young girl, child or young person to exercise proper care.
13. Conducing to commission of offence by child or young person.
PART IV: REMOVAL OF CHILDREN AND YOUNG PERSONS TO OTHER CARE
14. Removal of children and young persons to place of safety.
15. Court or magistrate may authorize removal of child or young person to place of safety.
16. Authority to detain child or young person in place of safety.
17. Duty to bring child or young person before juvenile court.
18. Alleged child in need of care may be brought before juvenile court.
19. Juvenile court to hold inquiry in respect of child or young person brought before it.
20. Powers of juvenile court.
21. Adjournment of inquiry.
22. Summoning of parent or guardian of child or young person.
23. Determination of certified institution or training institute to which child or young person shall be sent.
24. Juvenile court may review orders.
25. Period of retention and further supervision of child or young person.
26. Person attaining age of eighteen years during inquiry in juvenile court.
27. Review by High Court of certain orders and discharge of certain orders by various other orders.
PART V: PLACES OF SAFETY, REMAND HOMES, INSTITUTIONS AND TRAINING INSTITUTES
28. Places of safety and remand homes.
29. Minister may establish training institutes and institutions.
30. Certified institutions.
31. Registration of institutions.
32. Liability for maintenance of child or young person received in terms of this Act.
33. Pupil of certified institution or training institute may be released on licence.
34. Licence may be varied.
35. Reports on pupils.
36. Leave of absence from certified institution or training institute.
37. Discharge from effect of various orders made.
38. Transfer of pupil, child or young person.
39. Admission of children and young persons from foreign states to certified institutions.
40. Reception in training institutes of juveniles from foreign states.
41. Transfer of certain persons to institutions in South Africa.
42. Absconding pupils and other persons.
43. Unlawful removal of juveniles.
44.Imprisonment of absconding pupils.
45. Inspection of children and young persons.
46. Probation officers.
47 .Transfer of certain parental powers.
48. Unlawful removal of pupil, child or young person from Zimbabwe.
PART VI: CONTRIBUTION ORDERS
49. Making of contribution order.
50. Provisional contribution order.
51. Effect of direction to make payments and of contribution order.
52. Provisions of contribution order as to payments.
53. Variation or rescission of direction to make payments and of contribution order.
54. Appeal against contribution order or direction.
55. Change of place of residence of respondent.
56. Service of process.
PART VII: ADOPTION OF CHILDREN
57. Jurisdiction and procedure in relation to adoption order.
58. Power to make adoption order.
59. Restriction on making adoption order.
60. Consent to adoption given by minor mother of illegitimate child.
61. Matters with respect to which court to be satisfied.
62. Register of applicants for adoption.
63. Terms and conditions of order.
64. Effect of adoption order.
65. Power to make interim order.
66. Power to make subsequent order in respect of minor already subject to an order.
67. Rescission of adoption order.
68. No consideration in connection with adoption permitted.
69. Concealment of identity of adopted child.
70. Adopted Children Register.
71. Change of name of adopted persons.
72. Effect of adoption on marriage.
73. Publication of advertisements of adoption.
74. Accessibility of records relating to adoption.
75. Appeals.
PART VIII: MISCELLANEOUS
76. Consent to surgical or other treatment.
77. Evidence of husband or wife of accused person.
78. Sale of liquor, tobacco and drugs to children prohibited.
79. Seizure and confiscation of liquor, tobacco and drugs in possession of children.
80. Provision as to gambling, gaming or automatic machines.
81. Magistrate may order parent to produce his child before juvenile court.
82. Estimation of age.
83. Liability of step-parent to maintain his step-child.
84. Detention of juvenile.
85. Convictions may be questioned on juvenile removed to South Africa.
86. Financial support from public funds to certain institutions.
87. Notice of certain proceedings to be given to High Court.
88. Regulations.
89. Penalties.
FIRST SCHEDULE: Specified Offences.
SECOND SCHEDULE: Agreement in terms of Section 14 of the Prisons and Reformatories Act Amendment Act, No. 46 of 1920, of the Union of South Africa.
AN ACT to provide for the establishment of juvenile courts; to make provision for the protection, welfare and supervision of children and juveniles; to provide for the establishment, recognition and registration of certain institutions and institutes for the reception and custody of children and juveniles and for the treatment of children and juveniles after their reception in such institutions and institutes; to require the contribution by certain persons towards the maintenance of children and juveniles; to provide for the adoption of minors; and to provide for matters incidental to or connected with the foregoing.
PART I: PRELIMINARY (sections 1-2)
1. Short title
This Act may be cited as the Children's Protection and Adoption Act.
2. Interpretation
In this Act-
'adopted child' means a person adopted in terms of Part VII;
'adopter' means a person who has adopted a person in terms of Part VII;
'adoption order' means an order of adoption made in terms of Part VII;
'attendance centre' means a building or place which a child or young person has to attend on the order of a juvenile court to receive guidance and to undergo treatment in order that he may be rehabilitated and disciplined;
'certified institution' means an institution-
(a) to the management of which a certificate has been granted in terms of subsection (1) of section thirty; or
(b) established and maintained in terms of subsection (1) of section twenty-nine;
and, if the context so requires, any reference to a certified institution shall be deemed to include a reference to the management of that certified institution;
'child' means a person under the age of sixteen years and includes an infant;
'child in need of care' means a child or young person-
(a) who is destitute or has been abandoned; or
(b) both of whose parents are dead or cannot be traced and who has no legal guardian; or
(c) whose legal guardian or parents do not exercise proper control and care over him; or
(d) whose legal guardian or parents are unfit to have or exercise control over him; or
(e) who is in the custody of a person who has been convicted of committing upon or in connection with that child or young person any offence specified in the First Schedule; or
(f) who cannot be controlled by his parents or guardian; or
(g) who is a habitual truant; or
(h) who frequents the company of any immoral or vicious person or is otherwise living in circumstances calculated to cause or conduce to his seduction, corruption or prostitution; or
(i) who begs or, being a child, engages in street trading contrary to this Act or any other enactment; or
(j) who is being maintained in circumstances which are detrimental to his welfare or interests; or
(k) who is found in possession, without reasonable excuse, of any drug to which the Dangerous Drugs Act applies or of any specified drug as defined in the Drugs and Allied Substances Control Act ; or
(i) who suffers from a mental or physical disability and requires treatment, training or facilities which his parents or guardian are unable to provide;
'clerk of a juvenile court' means any official carrying out the duties of such clerk on the instruction of the officer presiding over the juvenile court;
'contribution order' means an order made in terms of Part VI for the periodical payment of sums of money towards the maintenance of a child, young person or pupil;
'Director' means the person for the time being holding the office of Director of Social Affairs, Youth and Rehabilitation or lawfully acting in the capacity thereof;
'earnings', in relation to a responsible person, means any money payable to that person-
(a) by way of salary, wages, remuneration or allowances and includes any fees, bonus, commission, overtime pay or other emoluments payable in addition thereto; or
(b) by way of a pension and includes-
(i) an annuity, gratuity, commutation of pension or other like allowance or refund of pension contributions, including interest payable thereon, whether the same is payable in respect of past services or otherwise; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, howsoever arising, or any diminution in the emoluments of any office or employment;
'employer', in relation to a responsible person, means a person, including the State, by whom earnings are payable or are likely to become payable to the responsible person;
'guardian', in relation to a child or young person, means the legal guardian, and includes any person who has the custody, charge or care of the child or young person, either permanently or temporarily;
'infant' means a person under the age of seven years;
'institution' means a creche or other institution maintained and controlled by a person for the reception, maintenance and supervision of children or young persons but does not include-
(a) a building for the accommodation of school children which forms part of a private school registered in terms of the Education Act; or
(b) a certified institution;
and, if the context so requires, any reference to an institution shall be deemed to include a reference to the management of that institution;
'legal guardian' means a tutor testamentary, tutor dative or assumed tutor to whom letters of confirmation have been granted in terms of the law relating to the administration of estates and includes a husband of a girl who is under eighteen years of age;
'local authority' means-
(a) a municipal council or town council; or
(b) any rural council, district council or other authority which is designated by the Minister, by notice in a statutory instrument, to be a local authority for the purposes of this Act;
'maintain', in relation to a child or young person, includes to undertake the custody or care of that child or young person;
'maintenance', in relation to a child or young person, includes the custody or care of that child or young person;
'management' means a person or persons who have the management and control of a certified institution, training institute or institution;
'Minister' means the Minister of Public Service, Labour and Social Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;
'minor' means a person under the age of eighteen years;
'parent' means the father or mother of a person born of, or legitimated by, a lawful marriage or the mother of an illegitimate person and includes a step-parent and, except in Part VII, an adopter;
'period of further supervision', in relation to a pupil, means the period during which that pupil shall, in terms of subsection (2) of section twenty-five or subsection (3) of section 352 of the Criminal Procedure and Evidence Act, remain under the supervision of a certified institution or training institute;
'period of retention' means the period during which a child, young person or person shall, in terms of subsection (1) of section twenty-five or subsection (1) of section 352 of the Criminal Procedure and Evidence Act, remain in a certified institution, training institute or South African institution or under any supervision or custody;
'place of safety' means any police station or hospital or any place suitable for the reception of a child or young person into which the occupier thereof is willing to receive a child or young person or any place established in terms of subsection (1) of section twenty-eight;
'probation officer' means a probation officer appointed in terms of section forty-six;
'public place' means any place to which the public has access, whether free or on payment of a fee;
'pupil' means any person who-
(a ) in terms of this Act or any other enactment, has been placed in or received in a certified institution, training institute or South African institution; or
(b) has been released on licence or has been granted leave of absence or has absconded from a certified institution, training institute or South African institution and who is still under the control or supervision of the management of that certified institution, training institute or South African institution or is liable to be brought back thereto;
'Registrar-General' means the Registrar-General referred to in section 3 of the Births and Deaths Registration Act;
'remand home' means a remand home established in terms of subsection (1) of section twenty-eight;
'respondent' means any person legally liable to maintain or to contribute towards the maintenance of a child, young person or pupil for whose maintenance a contribution order is sought or has been made;
'rule' means a rule made in terms of subsection (11) of section five;
''South Africa' means the Republic of South Africa;
'South African institution' means an institution as defined in section 1 of the Children's Act, 1960 (No. 33 of 1960) of South Africa as amended from time to time;
'street trading' includes-
(a )the hawking of any article and the distribution of handbills or advertisements; and
(b) shoe cleaning, motor car attending and any other like occupation carried on in a public place;
'training institute' means a training institute established in terms of subsection (2) of section twenty-nine;
'young person' means a person who has attained the age of sixteen years but has not attained the age of eighteen years.
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PART III: PREVENTION OF NEGLECT, ILL-TREATMENT AND EXPLOITATION OF CHILDREN AND YOUNG PERSONS (sections 7-13)
7. Ill-treatment or neglect of children and young persons
(1) Subject to subsection (4), if any parent or guardian of a child or young person assaults, ill-treats, neglects, abandons or exposes him or allows, causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause him unnecessary suffering or to injure or detrimentally to affect his health or morals or any part or function of his mind or body, he shall be guilty of an offence.
(2) Subject to subsection (4), a parent or guardian of a child or young person shall be deemed to have abandoned or neglected that child or young person if he has-
(a) failed to provide or to pay for adequate food, clothing or lodging for him or failed to pay for the maintenance of a child or young person who has been placed in an institution; or
(b) failed to provide or pay for dental, medical or surgical aid or other effective remedial care necessary for his health or well-being; or
(c) left the child or young person in the care of some other person or an institution and thereafter has shown inadequate interest in the well-being of that child or young person for a period in excess of one year; or
(d) in the case of a child, failed to provide adequate supervision of that child; or
(e) in the case of an infant, left that infant unattended in circumstances which were likely to cause the infant physical or mental distress or harm.
(3) A person may be convicted of an offence specified in subsection (1) notwithstanding that-
(a) actual suffering or injury or detriment to health, morals, mind or body has been obviated by the action of another person; or
(b) actual suffering or injury or detriment to health, morals, mind or body has not occurred; or
(c) the child or young person, who is the subject of the charge, has died.
(4) Proof that any failure which is the subject of a charge in terms of subsection (1) was due to a lack of means and that such lack of means was due to none of the following-
(a) unwillingness to work;
(b) misconduct;
(c) the incurring of debts or obligations which, in all the circumstances of the case, are unreasonable;
(d) omission to take reasonable steps to obtain relief from any other person legally liable to maintain the child or young person concerned or from any association, authority or institution whose purpose is the relief of indigency;
shall be a good defence to the charge.
(5) Any person convicted of an offence in terms of this section shall be liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding two years or to both such fine or such imprisonment:
Provided that if it is proved that such person would to his knowledge directly or indirectly acquire any property or an interest in any property or indirectly derive any benefit from any such acquisition by any other person in the event of the death of the child or young person in respect of whom the offence was committed, he shall be liable to a fine not exceeding one thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
(6) Nothing in this section shall be construed as derogating from the right of any parent or guardian of any child or young person to administer reasonable punishment to such child or young person.
8. Corruption of children and young persons
(1) Any person who allows a child or young person to reside in or to frequent a brothel shall be guilty of an offence.
(2) Any person who causes or conduces to the seduction, abduction or prostitution of a child or young person or the commission by a child or young person of immoral acts shall be guilty of an offence.
(3) For the purposes of subsection (2), a person shall be deemed to have caused the seduction, abduction or prostitution of a child or young person who has been seduced or abducted or has become a prostitute if he knowingly allowed the child or young person to consort with or enter or continue in the employment of any prostitute or person of known immoral character.
(4) Any person convicted of an offence in terms of this section shall be liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
9. Medical examination and treatment of children and young persons
(1) Where a Government medical officer or a medical officer of a local authority has reason to suspect that a child or young person is suffering from a disease or physical defect or is infested with vermin or that the clothing of that child or young person is verminous or filthy, he may examine or authorize any other medical practitioner to examine the person and clothing of that child or young person.
(2) For the purpose of conducting an examination in terms of subsection (1), the medical officer concerned may, by notice in writing, direct the parent or guardian of the child or young person concerned to remove such child or young person within a period specified in the notice to a hospital or other place for such examination.
(3) Where on an examination in terms of subsection (1) it appears that the child or young person concerned is suffering from any disease or physical defect, the medical officer concerned shall give notice in writing of such fact to the parent or guardian of that child or young person and shall in that notice direct the parent or guardian to provide, within a period to be specified in the notice, such dental, medical, surgical or other treatment for the child or young person as may be specified in the notice.
(4) Where on an examination in terms of subsection (1) it appears that the child or young person concerned is infested with vermin or that his clothing is verminous or filthy, the medical officer concerned may, by notice in writing, direct the parent or guardian of the child or young person to cleanse the person or clothing of the child or young person in such manner and within such period as may be specified in the notice:
Provided that the period so specified shall not be shorter than twenty hours from receipt by the parent or guardian of the notice.
(5) For the purpose of ascertaining whether a direction given in terms of subsection (3) or (4) has been complied with, the medical officer who gave the direction may examine or authorize any other medical practitioner to examine the person and clothing of the child or young person in respect of whom the direction was given, and for this purpose the medical officer may exercise the powers conferred by subsection (2).
(6) Where a parent or guardian to whom a direction has been given in terms of subsection (2), (3) or (4) fails to comply therewith within the period specified therein, the medical officer who gave the direction shall report the fact to the magistrate appointed to preside over the juvenile court of the district in which the child or young person is resident.
(7) A magistrate to whom a report has been made in terms of subsection (6) may-
(a) after due inquiry and after affording the parents and the guardian, if any, of the child or young person concerned a reasonable opportunity of being heard in the matter or without affording any such person such opportunity if his whereabouts are unknown or if in the circumstances it is not reasonably practicable to afford him such opportunity; and
(b) if satisfied that any examination of the child or young person concerned or his clothing or any dental, medical, surgical or other treatment is necessary or desirable in the interests of the health of the child or young person concerned;
by order in writing authorize the removal of the child or young person or his clothing to a hospital or other suitable place and the performance there upon the child or young person or his clothing of such examination or such dental, medical, surgical or other treatment as may be specified in the order.
(8) Where authority for the performance of an examination or treatment has been given in terms of subsection (7), the person legally liable to maintain the child or young person concerned shall be liable for the cost of such examination or treatment.
(9) A medical officer or medical practitioner who is entitled in terms of subsection (1) or (5) to examine a child or young person may at any time during the day and at any reasonable hour during the night demand admittance into any premises or room in which he has reason to believe that child or young person to be and may call upon the parent or guardian of such child or young person to produce such child or young person to him at that person's residence.
(10) Where a Government medical officer or a medical officer of a local authority has reason to suspect that a child or young person is in need of dental treatment, he may examine or authorize a dentist to examine that child or young person in order to ascertain whether he is in need of dental treatment this section, other than subsections (1) and (4), shall apply, mutatis mutandis, as if any reference to a medical officer or medical practitioner included a reference to that dentist.
(11) A parent or guardian who fails to comply with a direction given to him in terms of subsection (4) or who, having complied therewith or after the child or young person or his clothing has been cleansed in terms of subsection (7), permits or allows such child or young person again to become infested with vermin or his clothing again to become verminous or filthy, shall be guilty of an offence.
(12) Any person who hinders or obstructs any other person in the performance of his duties in terms of this section shall be guilty of an offence.
10. Begging and public entertainment
(1) Any parent or guardian of a child or young person who allows that child or young person or any person who causes any child or young person-
(a) to beg; or
(b) to accompany him or any other person while he begs; or
(c) to induce or to endeavour to induce the giving of alms; or
(d) to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child's or young person's health, morals, mind or body;
shall be guilty of an offence.
(2) Where a child or young person has acted in a manner described in subsection (1), the parent or guardian of the child or young person shall be deemed to have allowed such action unless he proves that he did not allow it and that he could not have prevented it.
(3) A police officer or probation officer may at all reasonable times enter and inspect any premises in which a child or young person performs or is exhibited for any consideration at a public entertainment, and may attend any such entertainment free of charge.
(4) Any person who obstructs or hinders any police officer or probation officer in the performance of his duties in terms of subsection (3) shall be guilty of an offence.
11. Safeguarding of child audiences at public entertainments
(1) Any person in occupation of premises in which is given a public entertainment for children or a public entertainment at which a substantial number of persons who are expected to attend are likely to be children or young persons who-
(a) fails to provide and keep stationed wherever necessary upon the premises a sufficient number of adult attendants properly instructed and sufficiently qualified as to their duties to prevent more children or young persons from entering any part of the premises than that part can properly accommodate; or
(b) fails to control the children or young persons whilst they are on the premises or entering or leaving the premises; or
(c )otherwise fails to take all reasonable precautions for the safety and well-being of the children or young persons;
shall be guilty of an offence.
(2) A police officer or probation officer may enter any premises in which he has reason to believe that a public entertainment is being or is about to be provided for children or young persons or at which a substantial number of persons attending are or will be children or young persons and may inspect such premises for the purposes of ascertaining whether the provisions of subsection (1) are being carried into effect.
(3) Where the occupier of any premises is convicted in terms of subsection (1) of an offence committed in connection with those premises, the court convicting such occupier may, apart from any penalty which it may impose for the said offence, cancel any licence which such occupier may hold for any public entertainment in the premises in question, and thereupon he shall be disqualified from obtaining another licence for those premises.
12. Power to bind over person having custody of young girl, child or young person to exercise proper care
(1) Where upon the complaint of any person it is shown to the satisfaction of a juvenile court that-
(a) a girl under the age of eighteen years is exposed to the risk of seduction or prostitution or is living a life of prostitution; or
(b) a child or young person is being neglected or is being maintained in domestic circumstances detrimental to his welfare;
the court may, if it thinks fit, having regard to all the circumstances, order the parent or guardian of the girl, child or young person to enter into his own recognizances, with or without such sureties and in such amount as the court thinks fit, that he will exercise due care and supervision of the girl, child or young person.
(2) Whenever a juvenile court makes an order in terms of subsection (1), the officer who presided over such court shall cause to be forwarded to the registrar of the High Court, not later than seven days after the making of such order, the record of the proceedings in the matter together with such report, if any, as he may wish to append.
(3) The registrar of the High Court shall, with all convenient speed, lay any record of proceedings and report received by him in terms of subsection (2) before a judge in chambers who may-
(a) confirm, vary or set aside the order of the juvenile court; or
(b ) remit the matter to the juvenile court with instructions as to the further proceedings to be had in such matter as the judge thinks fit.
(4) Where a person who has been ordered to enter into recognizances in terms of subsection (1) refuses or fails to do so, the juvenile court may commit him to prison for a period not exceeding one month until such recognizances are entered into:
Provided that no person shall be committed to prison in terms of this subsection until the order to enter into the recognizances has been confirmed or varied, as the case may be, by a judge in terms of subsection (3).
(5) Where the conditions upon which any recognizances referred to in subsection (1) were given are not observed by the person who gave them, the juvenile court may declare the recognizances to be forfeited and such declaration of forfeiture shall have the effect of a judgment in a civil action in the magistrates court in favour of the Minister.
(6) A juvenile court may at any time amend or revoke an order made by it in terms of subsection (1) and, where an order has been so amended, this section shall apply, mutatis mutandis, in respect of such amendment as if it were an order made in terms of subsection (1).
13. Conducing to commission of offence by child or young person
(1) Any person who conduces to the commission of an offence by a child or young person shall be guilty of an offence.
(2) Where a child or young person has committed an offence which he would not have committed if the person having the custody of such child or young person had taken proper care of him, that person shall, for the purposes of subsection (1), be deemed to have conduced to the commission of that offence by that child or young person.
(3) Where a person has been convicted of an offence in terms of subsection (1) the court may, in addition to any penalty which may be imposed therefor, order the person convicted to pay to any party who has been caused damage or loss by the commission of the offence concerned by the child or young person compensation for that damage or loss, whether the injured party makes any claim therefor or not.
PART IV: REMOVAL OF CHILDREN AND YOUNG PERSONS TO OTHER CARE (sections 14-27)
14. Removal of children and young persons to place of safety
Any police officer or probation officer may remove a child or young person from any place to a place of safety-
(a) if he is, in the opinion of that police officer or probation officer, a child in need of care; or
(b) if there are reasonable grounds for believing that an offence specified in the First Schedule is being or has been committed upon or in connection with that child or young person.
15. Court or magistrate may authorize removal of child or young person to place of safety
(1) If it appears to any court in the course of any proceedings before that court or to a magistrate, in the course of a preparatory examination that an offence specified in the First Schedule has been or is being committed upon or in connection with any child or young person, or if the parent or guardian of a child or young person is by any such court or magistrate convicted of or committed for trial for any such offence, that court or magistrate, as the case may be, may, if it or he considers it expedient, issue a warrant authorizing a police officer to search for and to take the child or young person to a place of safety.
(2) If it appears to any magistrate, on information given on oath by any person, that there are reasonable grounds for suspecting that an offence specified in the First Schedule is being or has been committed upon or in connection with a child or young person who is within the area of his jurisdiction or that a child or young person is in need of care and that it is expedient that such child or young person shall be taken into a place of safety, the magistrate may issue a warrant authorizing any police officer to search for and to take the child or young person to a place of safety.
(3) Any police officer acting under a warrant issued in terms of subsection (1) or (2) may enter, by force if necessary, any house or other premises wherein the child or young person who is the subject of the warrant is suspected to be and may remove such child or young person from the place where he finds him to a place of safety.
(4) Any warrant issued in terms of subsection (1) or (2) may authorize any person named therein to accompany the police officer who is to execute the warrant.
(5) It shall not be necessary in any warrant issued in terms of subsection (1) or (2) to state the name of the child or young person whose removal is thereby ordered.
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PART VII: MISCELLANEOUS (sections 76-89)
76. Consent to surgical or other treatment
(1) Where the consent of a parent or guardian is necessary for the performance of any dental, medical, surgical or other treatment upon a minor and the consent of the parent or guardian is refused or cannot be obtained within a period which is reasonable in the circumstances, application may be made to a magistrate of the province where the minor is or is resident for authority to perform the treatment.
(2) A magistrate to whom an application in terms of subsection (1) is made may-
(a) after due inquiry and after affording the parent or guardian concerned a reasonable opportunity of stating his reasons for refusing to give the necessary consent or without affording such person such opportunity if his whereabouts are unknown or if in the circumstances it is not reasonably practicable to afford him such opportunity; and
(b) if satisfied that any dental, medical, surgical or other treatment is necessary or desirable in the interests of the health of the minor;
by order in writing authorize the performance at a hospital or other suitable place upon the minor concerned of such dental, medical, surgical or other treatment as may be specified in the order.
(3) Where authority for the performance of any treatment has been given in terms of subsection (2), the person legally liable to maintain the minor concerned shall be liable for the cost of the treatment.
(4) Notwithstanding any other law, a young person may, without the assistance of his parent or guardian, consent to donate blood for medical or scientific purposes:
Provided that no such consent shall be valid if-
(a) the donation of his blood would endanger the young person's health or life; or
(b) the young person's parent or guardian has informed the person who is to take the blood that he does not consent to the donation.
77. Evidence of husband or wife of accused person
In proceedings against any person for an offence in terms of this Act, the wife or husband of the person charged shall be competent to give evidence, either for the prosecution or for the defence, without the consent of the person charged.
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89. Penalties
Any person who is guilty of an offence in terms of this Act shall, if no punishment is specially provided for that offence, be liable to a fine not exceeding one hundred dollars or, in default of payment, to imprisonment for a period not exceeding six months.
FIRST SCHEDULE (Sections 2, 14, 15 and 45)
SPECIFIED OFFENCES
1. Abduction.
2. Child-stealing.
3. Assault.
4. Any sexual offence.
5. Any offence involving bodily injury to a child.
6. Any offence in terms of Part III.
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