Ordinance for Prevention and Combating of Alcoholism and Anti-Social Conduct, 1965
Ordinance 11 of 1965
- Published in Official Gazette no. 2614 on 26 March 1965
- Assented to on 24 March 1965
- Commenced on 1 September 1965 by Proclamation of 1965
- [This is the version of this document from 26 March 1965 and includes any amendments published up to 6 October 2022.]
1. DefinitionsIn this Ordinance, unless the context otherwise indicates -“approved hostel” means a hostel approved under section five;“certified retreat” means an institution certified under section three;“inmate” means any person who under this Ordinance was sent to or admitted to a certified retreat, retreat or rehabilitation centre, and includes any such person who has been released on licence or granted leave of absence from a certified retreat, or who is deemed to have been released on licence from a certified retreat, or who is still under the control or supervision of the management of a certified retreat, or who is liable to be brought back to a certified retreat;“magistrate” includes an additional magistrate and an assistant magistrate;“management” in relation to a certified retreat or approved hostel means the persons who have the management or control thereof;“prescribed” means prescribed by regulation or rule made or prescribed under this Ordinance;“regulation” means a regulation made and in force under this Ordinance;“rehabilitation centre” means a rehabilitation centre established or deemed to have been established under section three of the Retreat and Rehabilitation Centres Act, 1963 (Act 86 of 1963), of the Republic of South Africa;[The Retreat and Rehabilitation Centres Act 86 of 1963 was repealed by the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act 41 of 1971, which is still in force in Namibia.]“retreat” means a retreat established or deemed to have been established under section three of the Retreats and Rehabilitation Centres Act, 1963 (Act 86 of 1963), aforesaid;[The Retreat and Rehabilitation Centres Act 86 of 1963 was repealed by the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act 41 of 1971, which is still in force in Namibia.]“rule” means a rule prescribed by a management under powers conferred upon it by regulation;“Secretary” means the Secretary for South West Africa;“social welfare officer” means an officer who is employed in the professional division in accordance with the laws governing the public service and who, in the performance of his duties, is mainly concerned with welfare work;“state medical officer” means a registered medical practitioner in the service of the Administration;“this Ordinance” includes the regulations.
2. Application of Ordinance in respect of personsNo person who has not attained the age of eighteen years shall be committed or transferred, or admitted as a voluntary inmate to a certified retreat, retreat or rehabilitation centre.
3. Certified retreats
4. Purposes for which persons are detained in certified retreatThe inmates of a certified retreat shall be detained therein for the purpose of improving their physical, mental and moral condition by -
5. Approved hostels
6. Financial aid for certain institutions and associations of persons
7. Procedure for bringing persons eligible for admission to a certified retreat, etc., before a magistrate
8. Committal of persons to certified retreat, retreat or rehabilitation centre after enquiry
9. Postponement of order
10. Temporary custody of persons pending enquiry or removal to certified retreat, retreat or rehabilitation centre
11. Appeals against and review of certain ordersThe law relating to appeals and to any form of review in criminal cases shall mutatis mutandis apply in respect of any order made under section eight, nine or ten as if such order were a sentence passed by a magistrate’s court in a criminal case.
12. Period of detention in certified retreat
13. Transfer of inmates from certified retreats to retreats and rehabilitation centres
14. Leave of absence from certified retreatThe management of a certified retreat may grant to any inmate leave of absence therefrom for such periods and on such conditions as may be prescribed, and may at any time revoke such leave and direct such inmate to return to the said certified retreat.
15. Inmate of certified retreat may be released on licence
16. Revocation of licence
17. Method of dealing with absconders from certified retreat
18. Admission of voluntary inmate to certified retreat
19. Inmates to have access to management and vice versaThe inmates of a certified retreat shall, subject to the prescribed conditions, have the right of personal access to the management, and the management shall likewise have a similar right of access to the inmates.
20. Maintenance of discipline in certified retreats
21. Estimating of age of person
22. Witnesses from certified retreatThe provisions of section one hundred and ninety-one of the Criminal Procedure Ordinance, 1963 (Ordinance 34 of 1963), relating to prisoners shall mutatis mutandis apply with reference to an inmate of any certified retreat.[The Criminal Procedure Ordinance 34 of 1963, with the exception of sections 300(3) and 370, was repealed by the Criminal Procedure Act 51 of 1977.]
23. Admission of persons to retreats and rehabilitation centres in the Republic of South Africa
24. Delegation of Administrator’s and Secretary’s powers
26. Short title and commencementThis Ordinance shall be called the Ordinance for the Prevention and Combating of Alcoholism and Antisocial Conduct, 1965, and shall come into operation on a date to be fixed by the Administrator by proclamation in the Official Gazette.
History of this document
01 September 1965
26 March 1965 this version
Published in Official Gazette number 2614
24 March 1965