Children's Act, 2005 (Act No. 38 of 2005)

Chapter 1 : Interpretation, Objects, Application and Implementation of Act

3. Conflicts with other legislation

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(1)In the event of a conflict between a section of this Act and—
(a)provincial legislation relating to the protection and well-being of children, the conflict must be resolved in terms of section 146 of the Constitution; and
(b)a municipal by-law relating to the protection and well-being of children, the conflict must be resolved in terms of section 156 of the Constitution.

 

(2)In the event of a conflict between a regulation made in terms of this Act and—
(a)an Act of Parliament, the Act of Parliament prevails;
(b)provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and
(c)a municipal by-law, the conflict must be resolved in terms of section I56 of the Constitution.

 

(3)For the proper application of subsection (2)(b) the Minister must in terms of section 146(6) of the Constitution submit all regulations made in terms of this Act and which affect a province, to the National Council of Provinces for approval.

 

(4)In this section "regulation" means—
(a)a regulation made in terms of this Act; and
(b)a rule regulating the proceedings of children’s courts in terms of section 52.