CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002) retention of the pupil in that institution or institute is advisable, the grounds on which that opinion is based. (2) Whenever the Director so directs, the management of a certified institution or training institute shall submit to him a report similar to the report mentioned in subsection (1). 36 Leave of absence from certified institution or training institute The management of a certified institution or training institute may grant leave of absence to any pupil in that institution or institute for such period and on such conditions as may be specified and may at any time revoke such leave and direct the pupil to return to the institution or institute from which he was granted leave. 37 Discharge from effect of various orders made The Minister may at any time, by order in writing, discharge any pupil, child or young person from the effect of any order made by a court in terms of section twenty or subsection (3) of section twenty-five or of section 351 of the Criminal Procedure and Evidence Act [Chapter 9:07]: Provided that, before discharging a pupil from a certified institution or training institute or from the supervision of the management of a certified institution or training institute, the Minister shall consult the management concerned.4 38 Transfer of pupil, child or young person (1)48 Subject to this section, a pupil, child or young person who, in terms of this Act or any other enactment, has been placed in any certified institution, training institute or foreign institution to which an agreement under section forty applies, or in or under any custody or supervision, shall be transferred to another such institution, institute, custody or supervision if the Minister, by written order, so directs. (2) The Minister shall, upon making an order of transfer of any pupil, child or young person in terms of subsection (1) to any institution outside Zimbabwe, cause notice to be given to the parent or guardian of the pupil, child or young person of the making of the order, if the whereabouts of such parent or guardian are known to him. (3) Where the Minister has in terms of this section dealt with a pupil, child or young person to whom an order made by any court applies, that order shall be deemed to have been varied by the Minister’s order in so far as it relates to the transfer of the pupil, child or young person. (4)49 No order shall be made by the Minister for the transfer of a pupil, child or young person to a training institute from any certified institution or the custody or supervision in or under which he has been placed by order made in terms of this Act or any other enactment except after consideration by him of a report upon the reasons for the proposed transfer made by a magistrate either of his own accord or by direction of the Minister. (5)5 No order shall be made by the Minister for the transfer of a pupil, child or young person from a training institute in which he has been placed in terms of this Act or any other enactment to a certified institution unless the Minister has consulted the management of the certified institution to which it is proposed to transfer the pupil, child or young person and is satisfied that the transfer will not be prejudicial to the pupils in that certified institution. (6)6 The Minister responsible for justice may, after consultation with the Minister, by order in writing, transfer any minor who is undergoing in any prison a sentence of imprisonment, the unexpired term of which is not less than four months, to a training institute, and from the date of that order that minor shall be deemed to have been placed in that training institute in terms of section 351 of the Criminal Procedure and Evidence Act [Chapter 9:07]. 4 5 6 Proviso amended by s. 48 of Act 23/2001. Subsection amended by s. 48 of Act 23/2001. Subsection amended by s. 48 of Act 23/2001. 23