It is exceptionally difficult watching a loved one struggle with an addiction. However, the law has a solution.
A Sandton-based resident, who has chosen to remain anonymous to protect her friend’s identity said, “I have a friend who is an alcoholic. He is always drunk, has wasted all of his money on alcohol and he cannot even function properly when he is at work. I have seen him drink an entire bottle of wine during working hours.
“I am very close with him and desperately need to help him. I read that I can force him to go to rehab in terms of the law but I am not sure how this works. How do you force someone to go to rehab in terms of the law?”
Attorney Claire Waldeck said there was a legal solution.
She explained, “According to Section 29 of the Prevention of and Treatment for Substance Abuse Bill, an addict can be involuntarily admitted into a rehab facility. What this means is that the approval of this individual is not needed.”
However, she said for this to happen in terms of the Act, a sworn statement needed to be submitted to the public prosecutor by a social worker, community leader, or any person closely associated with such a person.
“This statement must stipulate that the individual in question is a danger to himself or herself or to the immediate environment or cause a major public health risk. A good example here is drinking and driving whereby an alcoholic could put the lives of others at risk on the road,” she said.
“The statement must also explain that the individual who is abusing alcohol or drugs may do harm to his welfare or the welfare of another. Furthermore, this addict may be involuntarily admitted if he or she commits a criminal act to sustain his or her [substance] dependence. This is particularly relevant with addicts who often need to steal in order to fund their addiction.”
Thereafter, the clerk of the court will summons the individual in question to appear in front of a magistrate.
Waldeck added, “According to Section 30 of the Act, a magistrate may order that this person be admitted to a public or private treatment centre if the magistrate believes that the person will benefit from treatment and if it is in this person’s best interests.”
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