(b) has the guardianship, custody or care of a patient whether by virtue of this Act or through any contract or any tie of relationship by marriage or otherwise; and who ill-treats or wilfully neglects the patient shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 104 Assisting patients to absent themselves without leave, etc. Any person who— (a) induces or knowingly assists another person who is detained or liable to be detained or is subject to control in terms of this Act to escape from such detention or control or to absent himself without leave; or (b) knowing or having reason to believe that another person is a patient who has escaped from detention or control in terms of this Act or has absented himself from such detention or control without leave— (i) harbours that other person; or (ii) gives that other person any assistance with intent to prevent, hinder or interfere with his return to the institution or other place where he ought to be; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 105 Obstruction (1) Any person who, without reasonable cause— (a) refuses to allow the inspection of any premises for the purposes of this Act; or (b) refuses to allow the visiting, interviewing or examination of any person by a person authorized to do so by or under this Act; or (c) hinders or obstructs any person in the exercise of his functions in terms of this Act; shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (2) Without prejudice to the generality of subsection (1), a person who insists on being present when required to withdraw by a person authorized by or under this Act to interview or examine someone in private shall be deemed to hinder the second-mentioned person. 106 Unlawful sexual intercourse with patients (1) Subject to this section, any person who— (a) being employed in or at an institution, special institution or other place where a patient is detained or receiving treatment in terms of this Act, has sexual intercourse with the patient; or (b) having the custody, care or charge of any patient in terms of this Act, has sexual intercourse with the patient; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. (2) For the purposes of subsection (1), a patient shall be deemed to be detained in an institution, special institution or other place or to be in custody, care or charge, even though he may have escaped therefrom or be absent therefrom with or without leave, until he is duly discharged or ceases to be in such custody, care or charge in terms of this Act. (3) It shall be a defence to a charge under subsection (1) for the accused person to prove that, when the alleged offence was committed— (a) he was the spouse of the patient concerned; or (b) he did not know and had no reason to believe or suspect that the patient concerned was detained or receiving treatment in the institution, special institution or place concerned or that the patient was in his custody, care or charge, as the case may be. (4) The consent of the patient concerned shall not be a defence to a charge under subsection (1). PART XIV GENERAL 107 Declaration of place in lieu of special institution (1) If the Minister is of the opinion that there is no hospital or other place that can conveniently be declared to be a special institution for the purposes of this Act, he may, with the approval of the Minister responsible for justice, by notice in the Gazette, declare that any institution or other place specified in the notice may be used for the detention of patients who should, in terms of this Act, be detained in a special institution. (2) Notwithstanding any other provision of this Act, persons who are required to be received an d detained in a special institution may be received and detained in a place specified in a notice under subsection (1) in all respects as if that place were a special institution.