UNCHAIN SERVICE USERS TO PROTECT THEIR RIGHTS

By Nomfundo Xulu-Lentsoane 

• The Department of Social Development has identified over 500 illegal substance abuse centres across the country.
• The Department, in collaboration with law enforcement and legal bodies, is working to shut down these unregistered centres, but efforts are hampered by legal and jurisdictional obstacles.
• A recent UNODC workshop in Gauteng brought together key stakeholders to explore solutions for improving compliance, monitoring centres, and enforcing laws to protect service users from exploitation and abuse.

“I have personally seen service users chained together and forced to work as bricklayers. I have watched them sleep on cold floors, regardless of the weather. I have heard them howl,” recounts Wisani Mabunda, Social Work Policy Manager for the Anti-Substance Abuse Unit at the National Department of Social Development. These harrowing accounts highlight the human rights abuses occurring in illegal rehabilitation centres across South Africa.

In July 2024, the Anti-Substance Abuse Unit began a determined effort to shut down unregistered rehabilitation centres, but the task has proven challenging, says Mogotsi Kalaeamodimo, Director of the unit. “The operators of these illicit centres have various tactics. In most cases, once exposed, they simply relocate and change the facility’s name to continue operating,” he explains, noting that these centres are often hidden in residential areas, making access difficult.

“The law does not permit us to enter a private home without consent, and even the South African Police Service (SAPS), who we work closely with, sometimes struggle to gain entry without a warrant,” adds Mabunda.

The department’s current strategy, though effective, involves complex legal processes. “We are collaborating with the Legal Services Chief Directorate and the Office of the State Attorney in each province. However, navigating jurisdictional issues can be time-consuming, requiring consultations with multiple offices within provinces. To expedite impact, we are working at the district level, with social workers on the ground close to the targeted centres,” explains Mabunda.

There are more than 500 illegal rehabilitation centres in South Africa, with Gauteng alone accounting for 58. Many of these facilities masquerade as Non-Profit Organisations (NPOs) to deceive the community. To be legally recognised, any rehabilitation centre must register under the Prevention of and Treatment for Substance Abuse Act, 2008, which states: “No person may establish or manage any treatment centre for the rehabilitation and skills development of service users, or where such persons receive physical, psychological, spiritual, or social treatment, unless such centre is registered.”

“The majority of these centres do not comply with the minimum norms and standards prescribed in the Act, and some even pose a danger to patients’ lives,” says Kalaeamodimo, recalling a centre where no actual treatment was provided because the managers believed that patients merely needed prayers for their “spiritual deficiency.”

Mabunda adds, “Patients do not receive comprehensive, accurate, or timely assessments of their physical, psychiatric, and psychosocial functioning. Often, assessments are conducted by unqualified and inexperienced staff, who fail to determine whether the patient is suitable for the programme.”

In Gauteng, Desary Carlinsky, Director for Substance Abuse, Prevention, Treatment, and Rehabilitation at the Gauteng Department of Social Development, reports that they are running operations with SAPS to close down illegal centres. “I have been in social development for 30 years, 21 of which have focused on substance abuse, and I am appalled by the proliferation of illegal treatment centres that violate human rights and exploit vulnerable individuals,” she says.

While closing illegal centres remains a top priority, Carlinsky notes that some operators are willing to comply with regulations and need guidance, particularly as some patients’ families are unwilling to take them back home.

Kalaeamodimo suggests that community involvement could accelerate the closure of illegal centres. “As the government, we collaborate with SAPS and the Department of Health to provide assistance, gain access to facilities, hold violators accountable, and address issues such as misdiagnosis in these centres,” he says.

Mabunda, Kalaeamodimo, and Carlinsky are participants in a United Nations Office on Drugs and Crime (UNODC) workshop in Gauteng, focusing on adapting key quality standards for service appraisal and ensuring quality assurance in the treatment of drug use disorders. The three-day workshop aims to develop solutions for monitoring rehabilitation centres, supporting compliance where possible, and enforcing the law against those operating illegally.