CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
(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.
42 Absconding pupils and other persons
(1) Any pupil who has absconded from any certified institution, training institute or South African
institution 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.
(2) Any pupil or person who has been granted leave of absence or who has been released on licence
from a certified institution, training institute or South African institution and who—
(a) on the revocation or expiration of his leave of absence fails to return to the certified institution,
training institute or South African institution 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
or South African institution 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 or South African
institution 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.
(3)7 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 twenty-four;
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.
43 Unlawful removal of juveniles
(1)51 Any person who—
(a) abducts or removes a pupil, child or young person from a certified institution or training institute,
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 or training institute, 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 or training institute, place of safety, remand home or custody in which
such pupil, child or young person was lawfully placed; or
(d) prevents a pupil, child or young person from returning to the certified institution or training institute, place of safety, remand home or custody from which he absconded or was removed;
shall be guilty of an offence and liable to a fine not exceeding two thousand five hundred dollars or to
imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
7
Subsection amended by s. 48 of Act 23/2001.
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