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 Medicines 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) Any person who contravenes subsection (1) or (2) 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.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
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) 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.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
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