Provided that—
(i)
the parent or guardian shall remain responsible for the maintenance of
the child or young person;
(ii)
the parent or guardian or the management of the certified institution or
institution may, by notice in writing to the other party, terminate the control over and
custody of the child or young person by the management, and thereupon the rights
vested in the management in terms of this subsection shall be revested in the parent or
guardian.
(3) If a minor living with his parent or guardian is by virtue of an order made or
licence granted in terms of this Act or any other enactment under the supervision or
control of a probation officer or other person, the parent or guardian of such minor
shall exercise his right of control over the minor in accordance with any directions
which he may have received from such probation officer or other person.
(4) The rights transferred by subsection (1) or (2) from a parent or guardian to the
management of any certified institution or institution or training institute or person
shall not include the powers to deal with any property of a pupil, child or young
person or the power to consent to the marriage of a pupil, child or young person or to
the performance upon him of a surgical operation which is attended with serious
danger to life:
Provided that—
(i)
if the Director is satisfied, after due inquiry, that an operation is
necessary to preserve the life of or to save the pupil, child or young person from a
serious or lasting physical injury or disability and that a parent or guardian
unreasonably refuses his consent to the performance of that operation or that a parent
or guardian cannot be found within a reasonable time, the Director may himself
authorize the performance of the operation upon the pupil, child or young person;
(ii)
if the principal of a certified institution or institution or training
institute or the person in whose custody a pupil, child or young person has been
placed in terms of this Act or any other enactment has good grounds for believing that
the performance of any surgical operation is necessary to preserve the life of or to
save the pupil, child or young person from a serious or lasting physical injury or
disability, and that the need for such operation is so urgent that it should not be
deferred for the purpose of consulting his parent or guardian or the Director, the
principal or person concerned may himself authorize the performance of such
operation.
(5) The management of a certified institution or institution or training institute or the
person in whose custody any pupil, child or young person has been placed in terms of
this Act, including subsection (2), or any other enactment shall not consent to the
performance of a surgical operation on any pupil, child or young person which is not
attended with serious danger to life unless—
(a)
the operation is necessary to preserve the life of such pupil, child or
young person or to save him from a serious or lasting physical injury or disability;
and
(b)
except where it is not reasonably practicable to do so, notice of the
proposed operation has been given to the parent or guardian of the pupil, child or
young person and reasonable opportunity has been afforded to the parent or guardian
to object to the performance of the operation and any objection raised has been
considered.
48
Unlawful removal of pupil, child or young person from Zimbabwe
If any person without the consent in writing of the Director or except in terms of any
order made in terms of this Act, removes from Zimbabwe a pupil, child or young
person who is, in terms of any order made in terms of this Act, in the custody or
under the supervision of any person, he shall be guilty of an offence and liable to a
fine not exceeding level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
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