Provided that— (i) the parent or guardian shall remain responsible for the maintenance of the child or young person; (ii) the parent or guardian or the management of the certified institution or institution may, by notice in writing to the other party, terminate the control over and custody of the child or young person by the management, and thereupon the rights vested in the management in terms of this subsection shall be revested in the parent or guardian. (3) If a minor living with his parent or guardian is by virtue of an order made or licence granted in terms of this Act or any other enactment under the supervision or control of a probation officer or other person, the parent or guardian of such minor shall exercise his right of control over the minor in accordance with any directions which he may have received from such probation officer or other person. (4) The rights transferred by subsection (1) or (2) from a parent or guardian to the management of any certified institution or institution or training institute or person shall not include the powers to deal with any property of a pupil, child or young person or the power to consent to the marriage of a pupil, child or young person or to the performance upon him of a surgical operation which is attended with serious danger to life: Provided that— (i) if the Director is satisfied, after due inquiry, that an operation is necessary to preserve the life of or to save the pupil, child or young person from a serious or lasting physical injury or disability and that a parent or guardian unreasonably refuses his consent to the performance of that operation or that a parent or guardian cannot be found within a reasonable time, the Director may himself authorize the performance of the operation upon the pupil, child or young person; (ii) if the principal of a certified institution or institution or training institute or the person in whose custody a pupil, child or young person has been placed in terms of this Act or any other enactment has good grounds for believing that the performance of any surgical operation is necessary to preserve the life of or to save the pupil, child or young person from a serious or lasting physical injury or disability, and that the need for such operation is so urgent that it should not be deferred for the purpose of consulting his parent or guardian or the Director, the principal or person concerned may himself authorize the performance of such operation. (5) The management of a certified institution or institution or training institute or the person in whose custody any pupil, child or young person has been placed in terms of this Act, including subsection (2), or any other enactment shall not consent to the performance of a surgical operation on any pupil, child or young person which is not attended with serious danger to life unless— (a) the operation is necessary to preserve the life of such pupil, child or young person or to save him from a serious or lasting physical injury or disability; and (b) except where it is not reasonably practicable to do so, notice of the proposed operation has been given to the parent or guardian of the pupil, child or young person and reasonable opportunity has been afforded to the parent or guardian to object to the performance of the operation and any objection raised has been considered. 48 Unlawful removal of pupil, child or young person from Zimbabwe If any person without the consent in writing of the Director or except in terms of any order made in terms of this Act, removes from Zimbabwe a pupil, child or young person who is, in terms of any order made in terms of this Act, in the custody or under the supervision of any person, he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

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