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

Chapter 4 : Children’s Courts

Part 1 : Establishment, status and jurisdiction

42. Children’s courts and presiding officers
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(1)For the purposes of this Act, every magistrate’s court, as defined in the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), shall be a children's court and shall have jurisdiction on any matter arising from the application of this Act for the area of its jurisdiction.

 

(2)Every magistrate shall be a presiding officer of a children’s court and every additional magistrate shall be an assistant presiding officer of a children’s court for the district of which he is magistrate, additional magistrate or assistant magistrate.

 

(3)For the purposes of this Act, the Minister for Justice and Constitutional Development may, after consultation with the head of an administrative region defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), appoint a magistrate or an additional magistrate as a dedicated presiding officer of the children’s court, within existing resources.

 

(4)The presiding officer of the children’s court is subject to the administrative control of the head of an administrative region, defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).

 

(5)The presiding officer of the children’s court must perform such functions as may be assigned to him or her under this Act or any other law.

 

(6)For purposes of giving full effect to this Act, magistrates or additional magistrates may be designated as presiding officers for one or more children’s courts.

 

(7)The Minister for Justice and Constitutional Development may, after consultation with the head of an administrative region, by notice in the Gazette define the area of jurisdiction of each children’s court and increase or reduce the area of jurisdiction of each children’s court in the relevant administrative region.

 

(8)The children’s court hearings must, as far as is practicable, be held in a room which
(a)is furnished and designed in a manner aimed at putting children at ease;
(b)is conducive to the informality of the proceedings and the active participation of all persons involved in the proceedings without compromising the prestige of the court;
(c)is not ordinarily used for the adjudication of criminal trials; and
(d)is accessible to disabled persons and persons with special needs.

 

(9)A children's court sits at a place within the district or province designated by the Minister for Justice and Constitutional Development as a magistrate’s court.

 

(10)The publication of a notice referred to in subsection (7) does not affect proceedings which have been instituted but not yet completed at the time of such publication.