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Section 4: Emergency protection order

Child Protection Act

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; C13 – 9 [Issue 2] 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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