10/01/2024
How to send a addicted person against his will to a Rehabilitation Sanpark Rehabilitation Centre Klerksdorp
How to apply for a court order for involuntary treatment admission
The Prevention Of and Treatment for Substances Abuse Act 70 of 2008, section 33 requires a person who is closely associated with the person concerned (friend/family member), a community leader or a social worker to make a sworn statement (affidavit) to open an enquiry.
This person has to be well acquainted with the person's drinking or drug habits. The sworn statement has to outline the addict's drinking pattern if she/he:
(a) is a danger to himself or herself or the immediate environment or causes a major public health risk;
(b) in any other manner does harm to his or her welfare or the welfare of his or her family and others; or
(c) commits a criminal act to sustain his or her dependence on substances.
The sworn statement has to be submitted to the prosecutor of the magistrate court in the area where the person concerned (the drug/alcohol user) resides. The prosecutor might then request the clerk of the court to issue a summon to the police officer to be served to the person concerned, calling him/her to appear before a magistrate at a time and place stated in such summons.
In other cases, after a magistrate has obtained a report from a social worker regarding the circumstances of the person concerned a warrant of apprehension can be issued. The warrant of apprehension allows the drug user to be detained and brought before the magistrate.
If the person concerned does not appear before the magistrate a warrant of arrest may be issued.
Committal of person to a treatment centre after enquiry
If it appears to the magistrate on consideration of all the evidence submitted that the person concerned requires and is likely to benefit from treatment and skills development provided in a treatment centre, or it would be in the interest of parties involved or in the interest of the community then the magistrate may order that the person concerned be admitted at a treatment centre for a period not exceeding 12 months.
However, people have to understand that if a person concerned has committed criminal changes and has outstanding charges against him, a court order to go for treatment does not preclude the criminal offences.
SANCA Sanpark Klerksdorp
