Section 4: Emergency protection order
consolidated text (as at 2009). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Emergency protection order
(1) Where a District Magistrate is satisfied by information on oath that
the Permanent Secretary has reasonable cause to believe that a child is suffering or likely to suffer significant harm, the District Magistrate shall issue
an emergency protection order.
(2) An information on oath and an emergency protection order shall be in
the form set out in the Second Schedule.
(3) Notwithstanding any other enactment, an emergency protection order
shall, while it is in force, confer on the Permanent Secretary authority to—
(a) summon any person with or without the child to give evidence
for the purpose of verifying whether the child is suffering or
likely to suffer significant harm;
(b) enter any premises specified in the order, where necessary by
force, and search for the child, provided that the order or a copy
thereof shall be produced to the occupier of the premises on
request;
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Child Protection Act
(c) remove or return the child to, or to prevent the child’s removal
from, any place of safety;
(d) where necessary for the welfare of the child, cause him to be
submitted to medical examination or to urgent treatment;
(e) request police or medical assistance for the exercise of any
power under the order.
(4) The owner, occupier or person in charge of any premises which the
Permanent Secretary or any person lawfully assisting him enters under an
emergency protection order shall provide the Permanent Secretary or the
person lawfully assisting him with all reasonable facilities and assistance for
the effective exercise of his powers under the order.
[S. 4 amended by s. 5 of Act 40 of 2008 w.e.f. 20 December 2008.]
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Questions this section answers
- Can a magistrate issue an emergency protection order for a child suffering significant harm?
- Can the Permanent Secretary enter premises by force under an emergency protection order?