accordance with an order signed by the Minister in terms of section thirty-eight shall
be deemed to be in lawful custody whilst he is in Zimbabwe.
(4) Any person who is lawfully released from any institution outside Zimbabwe shall,
upon re-entry to Zimbabwe, be deemed to be under the supervision of the probation
officer of the area in which he lives, and such supervision shall be for a period not
exceeding three years or until the children's court has made an order in terms of
paragraph (a) or (b) of subsection (1) of section twenty-four.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
42
Absconding pupils and other persons
(1) Any pupil who has absconded from any certified institution or training institute or
any person who has absconded from any place of safety or remand home or from the
custody of any person in which he has been placed in terms of this Act or any other
enactment or while he is proceeding to an institution, may be apprehended without
warrant by any police officer or probation officer or member of staff of the institution
from which he absconded, and shall be brought as soon as possible before a
children’s court of the district in which he was apprehended or from which he
absconded.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) Any pupil or person who has been granted leave of absence or who has been
released on licence from a certified institution or training institute and who—
(a)
on the revocation or expiration of his leave of absence fails to return to
the certified institution, training institute from which he was granted leave of absence;
or
(b)
on the revocation of his licence fails to return to or enter the certified
institution, training institute to which he was directed to return or which he was
directed to enter as a result of the revocation of his licence;
shall be deemed to have absconded from the certified institution, training institute
from which he was granted leave of absence or to which he was directed to return or
which he was so directed to enter, as the case may be.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) When any pupil, child or young person who has absconded as specified in
subsection (1) or (2) has been brought before a children’s court, the children’s court
shall, after questioning the pupil, child or young person as to the reasons why he
absconded—
(a)
order that he shall be returned to the certified institution, training
institute, place of safety, remand home or custody from which he absconded; or
(b)
if the order in terms of which the pupil, child or young person was
placed in the certified institution, training institute, place of safety, remand home or
custody has expired, make a fresh order in terms of section twenty; or
(c)
exercise the powers of review conferred upon it by section twentyfour;
and shall report to the Director the result of the interrogation of the pupil, child or
young person and the order which the court made in terms of this subsection.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
43
Unlawful removal of juveniles
(1) Any person who—
(a)
abducts or removes a pupil, child or young person from a certified
institution, training institute or South African institution, place of safety, remand
home or custody in which such pupil, child or young person was lawfully placed; or
(b)
directly or indirectly counsels, induces or aids a pupil, child or young
person to abscond from a certified institution, training institute or South African
institution, place of safety, remand home or custody in which such pupil, child or
young person was lawfully placed; or
(c)
knowingly harbours or conceals a pupil, child or young person who
has absconded or been removed from a certified institution, training institute or South
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