WHEN A LOVED ONE REFUSES HELP: INVOLUNTARY REHABILITATION

Involuntary admission to rehab may be possible when someone is a danger to themselves or others due to, inter alia, substance abuse.

At Ulrich Roux & Associates, we guide our clients through the legal process of admitting a loved one to rehab involuntarily, ensuring that the procedural steps are handled correctly.

Addiction can tear families apart, emotionally, financially and physically. When a loved one’s substance use spirals out of control and they refuse help, it is only normal for one to feel powerless. The good news is that South African law provides a way to intervene in a lawful and compassionate manner.

Under Section 33 of the Prevention of and Treatment for Substance Abuse Act 70 of 2008, a Magistrate’s Court can order that a person be involuntarily admitted to a rehabilitation centre for treatment, provided certain conditions are met.

Understanding Section 33: What is the legal basis for compulsory rehabilitation?

Section 33 exists to protect both the person suffering from addiction and those around them. It allows the Court to intervene when voluntary treatment has failed and/or has been refused, and the individual's continued behaviour poses a serious risk to their own safety or the well-being of others.

The law applies to cases involving dependency on alcohol, narcotics, prescription medication and/or any other addictive substance.

One must note: It is not a criminal process. It is a protective and therapeutic legal mechanism aimed at rehabilitation, not punishment.

When can you apply for involuntary admission?

A family member, guardian or concerned person can apply to the Magistrate’s Court if:

• The person is clearly dependent on substances;

• They refuse to undergo voluntary treatment; and/or

• Their continued substance abuse harms themselves, their family or their community.

Common examples include situations where the person:

• Becomes violent or destructive;

• Puts their health or safety at risk;

• Commits a criminal offence/s;

• Neglects children or dependants; and/or

• Engages in behaviour that threatens others.

Step-by-step: How the process works

1. Social Worker Assessment

   The process starts with a designated social worker from the Department of Social Development (DSD). The social worker interviews the individual (if possible), gathers evidence from family members and prepares a formal report confirming whether involuntary treatment is justified in the circumstances.

   
   

2. Magistrate’s Court Application

   Once the report is ready, an application (supported by affidavits and evidence) is filed at the Magistrate’s Court. Our firm assists families in preparing these documents, ensuring all procedural requirements are met.

   
   

3. The Court Inquiry

   The Magistrate holds an inquiry, where evidence is presented by the social worker and the family. The person concerned, struggling with addiction, has the right to attend, to be represented and to respond. If the Court is satisfied that the requirements under Section 33 are met, an Order for involuntary admission may be granted.

   
   

4. Admission to an Accredited Centre

   The Order must specify a treatment centre accredited by the DSD. Only accredited facilities are legally permitted to accept patients under Court Order. Before placement, the social worker verifies the centre’s accreditation and availability with the DSD.

   
   

5. Treatment and Aftercare

   The person is admitted for treatment, usually for up to 12 (twelve) months, depending on their progress. Reports are then sent to the DSD during the process and after discharge, the person may receive aftercare and reintegration support.

Balancing compassion and legal precision

The Section 33 process can be emotionally taxing. Parents or those attempting to admit a loved one involuntarily often carry deep guilt, fear or uncertainty when considering Court ordered rehabilitation for someone close to them.

Our approach is to combine legal precision with empathy ensuring families are supported through every stage of what is often a heartbreaking decision made out of necessity.

We recognise that addiction is a disease, not a moral failing. The law’s purpose in this regard is not to criminalise, but to provide a structured path to recovery when other efforts have failed.

Why legal assistance matters

Although families can initiate the process themselves, legal guidance and support in the process makes a crucial difference.

At our firm we:

• Liaise directly with the Department of Social Development and the appointed social worker/s;

• Draft and prepare and file all necessary Court documents;

• Represent families at the Magistrate’s Court hearing; and

• Ensure the matter proceeds the way it should and efficiently.

This not only speeds up the process but ensures that your loved one’s rights and your family’s (if applicable) are protected.

If your loved one or someone you know is trapped in addiction and refuses help, you are not powerless. Let us help you navigate this process and secure the care your family/friend needs.

Contact our offices at info@rouxlegal.com for confidential advice and support.

By JP Venter

(Director)

30 October 2025

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this article, neither the writer/s of the article nor the publisher shall bear any responsibility for the consequences of any actions based on information and/or recommendations contained herein. The URA article material is for informational and educational purposes only.

This content is the property of URA. Whilst we encourage the sharing of our content for informational purposes, if you wish to copy and/or reproduce our content on your own platform and/or website, kindly ensure that proper credit is given to URA.