CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002) (2) A magistrate to whom an application in terms of subsection (1) is made may— (a) after due inquiry and after affording the parent or guardian concerned a reasonable opportunity of stating his reasons for refusing to give the necessary consent or without affording such person such opportunity if his whereabouts are unknown or if in the circumstances it is not reasonably practicable to afford him such opportunity; and (b) if satisfied that any dental, medical, surgical or other treatment is necessary or desirable in the interests of the health of the minor; by order in writing authorize the performance at a hospital or other suitable place upon the minor concerned of such dental, medical, surgical or other treatment as may be specified in the order. (3) Where authority for the performance of any treatment has been given in terms of subsection (2), the person legally liable to maintain the minor concerned shall be liable for the cost of the treatment. (4) Notwithstanding any other law, a young person may, without the assistance of his parent or guardian, consent to donate blood for medical or scientific purposes: Provided that no such consent shall be valid if— (a) the donation of his blood would endanger the young person’s health or life; or (b) the young person’s parent or guardian has informed the person who is to take the blood that he does not consent to the donation. 77 Evidence of husband or wife of accused person In proceedings against any person for an offence in terms of this Act, the wife or husband of the person charged shall be competent to give evidence, either for the prosecution or for the defence, without the consent of the person charged. 78 Sales of liquor, tobacco and drugs to children prohibited (1) No person shall sell, lend, give, supply, deliver or offer so to do to any child any liquor as defined in the Liquor Act [Chapter 14:12] tobacco, cigars, cigarettes, cigarette papers or specified drugs as defined in the Drugs and Allied Substances Control Act [Chapter 15:03] except upon production of a written order signed by the parent or guardian of the child known to such person, and in accordance with those Acts. (2) No person other than the parent or guardian of a child shall give a written order referred to in subsection (1) to such child. (3)67 Any person who contravenes subsection (1) or (2) 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. 79 Seizure and confiscation of liquor, tobacco and drugs in possession of children (1) If a police officer or a probation officer or, within a school or the precincts thereof, a teacher finds a child in possession of— (a) liquor as defined in the Liquor Act [Chapter 14:12]; or (b) a drug; or (c) tobacco or any cigar, cigarette, tobacco pipe, cigarette holder or cigarette paper; he may seize it from the child unless he is satisfied that the child has reasonable cause for possessing it. (2) A police officer, probation officer or teacher who has seized any liquor or other thing from a child in terms of subsection (1) shall hand it over or cause it to be handed over to the parent or guardian of the child from whom it was seized. 80 Provision as to gambling, gaming or automatic machines (1)68 If upon complaint by any person to a children's court it is proved, to the satisfaction of the court, that any gambling or gaming machine or automatic machine for the sale of any cigarettes is being extensively used by children, the court shall order the owner of the machine or person on whose premises the machine is kept to take such precautions to prevent the machine being so used as may be specified in the order or to remove the machine within such time as may be specified in the order. 42