CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
(7) If the parent or guardian of a minor in respect of whom an order of transfer has been made in
terms of this section changes his place of residence during the currency of the order, he shall forthwith
give notice in writing to the Director and shall in that notice state fully and clearly where the place of
residence to which he has removed is situated.
(8) Any person who fails to comply with subsection (7) shall be guilty of an offence.
39 Admission of children and young persons from foreign states to certified institutions
(1) The Minister may authorize the admission to any certified institution, subject to acceptance by the
management of such certified institution, of any child or young person committed thereto by any competent court or officer of any foreign state.
(2) The relevant provisions of this Act and of the regulations made thereunder shall apply to any child
or young person received into or detained in a certified institution in terms of subsection (1).
40 Reception in training institutes of juveniles from foreign states
(1) The President may enter into an agreement with the head of the government of any foreign state
for the reception into and retention in any training institute of any person under the age of twenty-one
years whose detention in a training institute has been ordered by a competent court of the said state
according to the law in force therein.
(2) The Minister may direct the reception and detention in a training institute of any person under the
age of twenty-one years whose detention in a training institute has been ordered by a competent court of a
state with the head of whose government the President has entered into an agreement in terms of subsection (1).
(3) The relevant provisions of this Act and of the Criminal Procedure and Evidence Act [Chapter
9:07] shall apply to a person received into or detained in a training institute in terms of this section as if
he had been sent to that training institute in terms of section 351 of the Criminal Procedure and Evidence
Act [Chapter 9:07]:
Provided that in connection with any such person the application of those provisions shall be subject to
the following qualifications—
(a) the Minister shall not transfer such a person in terms of section thirty-eight except to another
training institute;
(b) subject to the agreement, if any, by virtue whereof such a person was received into a training
institute, the Minister need not consult the management of that training institute in terms of the
proviso to section thirty-seven before discharging that person therefrom;
(c) the management of the training institute in which such a person is detained shall not release him on
licence in terms of subsection (1) of section thirty-three;
(d) subsection (3) of section 352 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall not
apply to such a person.
41 Transfer of certain persons to institutions outside Zimbabwe50
(1) The President may enter into an agreement with the government of any country for the reception
and detention in any institution in that country of children, young persons or other persons who have
been ordered by a competent court in Zimbabwe, or by the Minister in terms of section thirty-eight, to be
placed in an institution outside Zimbabwe.
(2) Subject to this Act and any other enactment, a person whom a competent court or the Minister has
ordered to be placed in an institution outside Zimbabwe in accordance with an agreement made in terms
of subsection (1) may be removed to and detained in that institution in accordance with the law of the
foreign country concerned.
(3) Any person who is in the course of removal to an institution outside Zimbabwe in 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.
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