Legal & Compliance

The framework behind safe, accountable care.

An overview of the South African legal, registration and operating frameworks relevant to our residential and outpatient services.

Important context

This page explains the frameworks used to guide programme planning. It is not legal advice, proof of registration or a claim of regulatory approval. Requirements and registration routes must be confirmed with the relevant provincial authorities.

Governing framework

The legislation and standards we refer to

The two programme frameworks are principally informed by national substance-use legislation, its regulations and the standards applied by social development authorities.

  • Prevention of and Treatment for Substance Abuse Act 70 of 2008
  • Regulations for Prevention of and Treatment for Substance Abuse, 2013, Government Notice 283 of 2013
  • Applicable Minimum Norms and Standards and provincial assessment requirements
  • Protection of Personal Information Act 4 of 2013 for confidential client information
  • Applicable municipal zoning, building, fire, environmental health and occupancy requirements
Registration routes

Different services follow different legal pathways

Residential step-down care

A halfway house is intended to provide a protected sober-living environment for people who have completed formal treatment and need support before full reintegration. The framework identifies Form 5 as the private halfway-house registration route. If primary treatment is also provided, treatment-centre registration may be required instead of, or in addition to, halfway-house registration.

Outpatient and aftercare services

Section 27(d) of the Act includes holistic treatment services, family programmes, therapeutic intervention, aftercare and reintegration. The correct registration route for a privately owned, stand-alone outpatient service must be confirmed with the provincial Department of Social Development, including whether Form 4 or the community-based Form 2 route applies.

Registration process

From application to ongoing monitoring

  1. 1

    Confirm the service category and correct application form with the provincial or district Department of Social Development

  2. 2

    Submit the application together with programme, staffing, premises and operational documents

  3. 3

    Complete an onsite assessment against the applicable Minimum Norms and Standards

  4. 4

    Receive a full, temporary or conditional registration outcome, or follow the appeal process if refused

  5. 5

    Keep programme information current and remain available for ongoing monitoring and assessment visits

Standards of care

Practical safeguards expected across care

Safe premises

Appropriate zoning and approved plans, fire precautions, environmental health measures, emergency procedures and suitable spaces for private counselling and group work.

Suitable people and oversight

Fit-and-proper management, appropriately qualified or registered practitioners, clear scopes of practice, staff confidentiality commitments and role-appropriate training.

Client rights and safety

Informed consent, confidential handling of personal information, risk assessment, clear programme or house rules, complaints procedures and individual care and reintegration planning.

Responsible records

Secure intake, attendance, case, progress, incident, referral and discharge records, supported by information-retention and disposal policies aligned with POPIA.

Client journey

Documentation supports continuity and accountability

Stage 1

Before and at admission

Referral or enquiry records, identity and emergency details, medical and risk screening, informed consent, privacy consent, financial terms, orientation and an individual care or reintegration plan.

Stage 2

During care

Attendance and contact records, case notes, progress reviews, incident reports, family involvement, medication or testing records where applicable, and documented referrals.

Stage 3

At discharge or completion

A discharge summary, final risk review, continuing-care and reintegration referrals, client feedback, account closure and secure archiving according to the record-retention policy.

Items requiring confirmation

Current provincial requirements remain authoritative

The Department of Social Development should confirm the correct registration category for each service, the current application forms and annexures, any NPO expectations, and the detailed premises and staffing standards applied at inspection. Official toolkits and written guidance take priority over this summary.

Questions about our programmes or standards of care?

Contact our team for clear information about our services, admissions process and the safeguards that support each programme.

Contact our team