CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
Provided that no such licence shall, without the authority of the court which made the order placing the
pupil in that institution or institute, be granted to a pupil before the expiration of the period of one year
next following the date of commencement of his current period of retention.
(2) The management of a certified institution or training institute may stipulate in a licence granted in
terms of subsection (1) that the pupil shall be subject to the supervision of a probation officer or of a
person working for the protection, welfare and reclamation of children and young persons.
(3) The management which has granted a licence in terms of subsection (1) may at any time, by notice
in writing addressed to the person in whose custody the pupil is or to the pupil himself if he is not in
custody, revoke the licence and direct that the pupil shall return to the certified institution or training
institute from which he was released.
(4) Any interested person may, within one month from the date of a notice referred to in subsection
(3), appeal to the Minister against the revocation of the licence and the Minister may, after reference to
the management concerned and such further inquiry as he may think necessary, either confirm the
revocation or restore the licence.
(5) Where the Minister has restored a licence in terms of subsection (1), the management which granted the licence shall not revoke it again without the consent of the Minister.
(6) Where the period for which a licence has been granted to a pupil expires before the expiration of
the period of further supervision of the pupil, the management which granted the licence may require the
pupil to return to the certified institution or training institute from which he was released or may extend
the licence.
(7) Upon the return to a certified institution or training institute of a pupil whose licence has been
revoked or who has been required to return thereto in terms of subsection (6), such pupil shall, as soon as
possible after his return, be again released on licence by the management and, until such further release,
he may be retained in the certified institution or training institute.
(8) Where a licence has been revoked or where a pupil has been required to return to a certified institution or training institute in terms of subsection (6), the management concerned shall forthwith report
the reasons for the revocation or the requirement to return, as the case may be, to the Minister and, if the
pupil is again released on licence shall forthwith report that fact to the Minister.
(9) The Minister may at any time, by order in writing, cancel a licence granted to a pupil if he thinks it
necessary in the interests of that pupil and may direct the pupil to return to the certified institution or
training institution whose management granted the licence or transfer him in terms of section thirty-eight
to any other certified institution or training institute.
(10) Where a pupil has been directed by an order referred to in subsection (9) to enter a certified institution or training institute other than the one from which he was released on licence, he shall, as from
the date of the order, cease to be a pupil of the institution or institute from which he was so released and
shall become a pupil of the institution or institute which he has been directed to enter.
34 Licence may be varied
(1) The management of a certified institution or training institute may, at any time with the consent of
the person in whose custody a pupil has by licence granted by that management been permitted to live,
vary the terms of the licence or substitute therein for the name of such person the name of any other
suitable person
(2) The management of a certified institution or training institute may at any time vary the conditions
of residence of a pupil who has been released on licence granted by that management but who is not
required to be in the custody of any person.
35 Reports on pupils
(1) The management of a certified institution or training institute shall, on the completion by a pupil
in that institution or institute of the first year of his period of retention, and on the completion of every
succeeding year of his period of retention, report to the Director the reasons why the pupil has not been
released on licence or recommended for discharge and if, in the opinion of the management, any further
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