SCW2601

Learning unit 13
Compiled by:
Prof M Labuschaigne
July 2021

UNISA
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 Learning outcomes
Learning unit 13:

On completion of this study unit, you should be able to:

 discuss and explain the procedure for possible committal
to a treatment centre
 explainthe role of the social worker in the process of
bringing a person to a treatment centre
 describe the main purpose of the National Drug Master
Plan
Substance abuse
 Overview
 On 21 April 2009, the President assented to the Prevention of and
Treatment for Substance Abuse Act, 2008.
 The new Act repeals Act 20 of 1992: Prevention And Treatment
Of Drug Dependency Act
 The Act came into effect on 31 March 2013. The Act is to be read
in conjunction with Proclamation 08 of 2013.
 The significant contribution of the Act is to “provide for the
implementation of comprehensive and integrated service delivery
amongst all government departments”
 The emphasis of this Act is the promotion of community-based
and early intervention programmes as well as the registration
of all therapeutic interventions in respect of substance abuse
 Introduction
 Treatment of drug and substance abuse require a concerted effort between
all levels of government and other key stakeholders such as healthcare
professionals, traditional healers, traditional institutions, religious
organisations, schools, parents, sports groups, the media and the private sector.
 Social workers are required from the government and the different sectors of
society to assist in making South Africa a drug-free country.
 This goal can be achieved through collaboration
 The Prevention of and Treatment for Substance Abuse Act, 2008, makes
provision for an inquiry, and for the committal and detention of persons
in treatment centres.
 Social workers and all the other stakeholders must familiarise themselves with
the South African National Drug Master Plan and its constant revisions
which set out the country’s national policies and priorities.
 Duties of Ministers
 In terms of the Act, more stakeholders are requested to come on board, with
the Minister of Social Development, together with the National Youth
Commission AND
 the Ministers from various departments, such as Finance, Education,
Health, Justice and Constitutional Development, Arts and Culture, Sports
and Recreation, Local and Provincial Government, Correctional Services
and Safety and Security.
 The ministers must seek collaboration and to develop and implement
comprehensive intersectoral strategies;
 take reasonable measures within the scope of their line functions and
available resources to combat substance abuse through
 the development and coordination of interventions that fall into three
broad categories in terms of section 3 of the Act:
 Duties of ministers (cont.)
 demand reduction, which is concerned with services aimed at
discouraging the abuse of substances by members of the public;
 harm reduction, which for the purposes of this Act is limited to
the holistic treatment of service users and their families, and
mitigating the social, psychological and health impact of
substance abuse; and
 supply reduction, which refers to efforts aimed at stopping the
production and distribution of illicit substances and associated
crimes through law enforcement strategies, as provided for in the
applicable laws.
 Definitions of “substances” and
“drugs”

“Substances” and “drugs” refer to

“chemical, psychoactive substances that are
prone to be abused, including tobacco,
alcohol, over the counter drugs,
prescription drugs and substances” as
defined
Submission of person for treatment to public
treatment centre/halfway house
 A serviceuser may be admitted to a public halfway
house for a period not exceeding 12 months which
may be extended for a further period not exceeding six
months,
 ifthere is a need for such extension and if the manager
of such centre applies to the Director-General & gives
reasons
 Such manager of a public halfway house must submit to
the Director-General programmes established by the
manager regarding –
Submission of person for treatment to
public treatment centre (cont.)
 relapse prevention in respect of substance abuse;
 skillsdevelopment for service users and their re-
integration into society; and
 dissemination of information to the community and
service users about the dangers of substance abuse,
including links between substance abuse, HIV and AIDS
and other health conditions.
Treatment of children (s 28 of the Act)
 Children dependent on substances must be treated in separate
facilities and apart from adults, whether within treatment
centres or in facilities designated for children.
 Any child and youth care centres contemplated in subsection (3)
must comply with conditions for registration, and norms and
standards for the establishment of treatment centres.
 Section 148 of the Children’s Act applies in relation to court
ordered early intervention programmes for children.
 The investigation must at least include a social worker’s report
on the social circumstances of the person concerned and any
other relevant matter affecting him or her.
 Committal to treatment after an enquiry
(s 35)

 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).
 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.
 Committal to treatment after an enquiry
(s 35) (cont.)

 The person in respect of whom the enquiry is being

held –
 is entitled to legal representation;
 isentitled to cross-examine any witness and to call
witnesses;
 may give evidence in person or through his or her legal
representative; and
 may show cause why an order must not be made
 The magistrate holding the enquiry –
 must, before he or she makes an order, direct the public
prosecutor or other person appearing at the enquiry to submit
to him or her the report obtained from a social worker
 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;
 may call upon the medical officer, psychiatrist or clinical
psychologist to furnish him or her with a report reflecting
the results of the examination
 may consider the views of a victim of crime committed by
such person
 Noperson whose presence is not necessary may be
present at an enquiry, except with the consent of the
magistrate
 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 of offence
 The contents of any report submitted or furnished
must be disclosed to the person concerned, and such
person or his or her legal representative must be given
an opportunity to cross-examine the person by whom
the report was made
 If it appears to a magistrate on consideration
of the evidence and of any report that –
 the person concerned is a person contemplated
in section 33(1);
 such person requires and is likely to benefit
from treatment and skills development
provided in a treatment centre; or
 itwould 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,
 themagistrate may order that the person
concerned:
 tobe admitted to a treatment centre designated
by the Director-General for a period not
exceeding 12 months.
 A magistrate who makes such an order 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.
 A magistratewho makes an order must before
referring an involuntary service user to a
treatment centre:-
 order
that such service user be admitted for
detoxification at a health establishment or
treatment centre authorised in terms of the
National Health Act
 Such order made does not preclude the reporting
of a criminal offence, if any, by the victim of such
an offence to the police official.
Committal to a treatment centre after
conviction
 A courtconvicting a person of any offence
may in addition to any sentence in respect of
such offence order that such person be
committed to a treatment centre
 Such an order may not be made in addition to
any sentence of imprisonment, whether direct or
as an alternative of a fine, unless the operation
of the whole sentence is suspended.
 A courtcan also impose committal to a
treatment centre as a form of punishment.
 In such instances, the inquiry will take place if
it becomes apparent to the judicial officer
presiding at a trial that the accused is
someone manifesting any of the behaviour
necessitating committal
 The consent of the public prosecutor is
required, after consultation with social
welfare officer.
 National Drug Master Plan
 Is governed by the Central Drug Authority
 Purpose of this master plan is to create a
strategy against the abuse of drugs
 Includessuggestions and measures relating to
the prevention and combating of the abuse of
drugs and the treatment of persons dependent
on drugs.
 National Drug Master Plan (cont.)
 The Central Drug Authority consists of civil servants
from the Departments of Labour, Health and
Welfare, and Correctional Services.
 The Medicines Control Council (now the South African
Health Products regulatory Authority) are obliged to
submit annual reports to the Minister on efforts to
reduce and eliminate the abuse of drugs.
 https://www.youtube.com/watch?v=kq8jxhm5uOI
 Test yourself!

 In terms of section 35 of the Prevention of and Treatment for

Substance Abuse Act 70 of 2008, who may commit a person to a
treatment centre?
 Briefly explain the procedure of receiving a person for treatment
and rehabilitation.
 Under what circumstances does a court impose committal to a
treatment centre as a form of punishment?
 Explain the role of the National Drug Master Plan.
 What type of substances are prohibited substances?