Evidence Act [Chapter 9:07].
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(7) If the parent or guardian of a minor in respect of whom an order of transfer has
been made in terms of this section changes his place of residence during the currency
of the order, he shall forthwith give notice in writing to the Director and shall in that
notice state fully and clearly where the place of residence to which he has removed is
situated.
(8) Any person who fails to comply with subsection (7) shall be guilty of an offence.
39
Admission of children and young persons from foreign states to certified
institutions
(1) The Minister may authorize the admission to any certified institution, subject to
acceptance by the management of such certified institution, of any child or young
person committed thereto by any competent court or officer of any foreign state.
(2) The relevant provisions of this Act and of the regulations made thereunder shall
apply to any child or young person received into or detained in a certified institution
in terms of subsection (1).
40
Reception in training institutes of juveniles from foreign states
(1) The President may enter into an agreement with the head of the government of
any foreign state for the reception into and retention in any training institute of any
person under the age of twenty-one years whose detention in a training institute has
been ordered by a competent court of the said state according to the law in force
therein.
(2) The Minister may direct the reception and detention in a training institute of any
person under the age of twenty-one years whose detention in a training institute has
been ordered by a competent court of a state with the head of whose government the
President has entered into an agreement in terms of subsection (1).
(3) The relevant provisions of this Act and of the Criminal Procedure and Evidence
Act [Chapter 9:07] shall apply to a person received into or detained in a training
institute in terms of this section as if he had been sent to that training institute in
terms of section 351 of the Criminal Procedure and Evidence Act [Chapter 9:07]:
Provided that in connection with any such person the application of those provisions
shall be subject to the following qualifications—
(a)
the Minister shall not transfer such a person in terms of section thirtyeight except to another training institute;
(b)
subject to the agreement, if any, by virtue whereof such a person was
received into a training institute, the Minister need not consult the management of
that training institute in terms of the proviso to section thirty-seven before
discharging that person therefrom;
(c)
the management of the training institute in which such a person is
detained shall not release him on licence in terms of subsection (1) of section thirtythree;
(d)
subsection (3) of section 352 of the Criminal Procedure and Evidence
Act [Chapter 9:07] shall not apply to such a person.
41
Transfer of persons to institutions outside Zimbabwe
(1) The President may enter into an agreement with the government of any country
for the reception and detention in any institution in that country of children, young
persons or other persons who have been ordered by a competent court in Zimbabwe,
or by the Minister in terms of section thirty-eight, to be placed in an institution
outside Zimbabwe.
(2) Subject to this Act and any other enactment, a person whom a competent court or
the Minister has ordered to be placed in an institution outside Zimbabwe in
accordance with an agreement made in terms of subsection (1) may be removed to
and detained in that institution in accordance with the law of the foreign country
concerned.
(3) Any person who is in the course of removal to an institution outside Zimbabwe in
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