Children's Act, 2005 (Act No. 38 of 2005)Chapter 4 : Children’s CourtsPart 2 : Court proceedings59. Witnesses |
| (1) | The clerk of the children's court must, in the prescribed manner, summons a person to appear as a witness in a matter before the court to give evidence or to produce a book, document or other written instrument on request by— |
| (a) | the presiding officer in the matter; |
| (b) | the child or a person whose rights may be affected by an order that may be made by the court in those proceedings; or |
| (c) | the legal representative of a person referred to in paragraph (b). |
| (2) | A summons referred to in subsection (1) must be served on the witness as if it were a summons to give evidence or to produce a book, document or other written instrument at a criminal trial in a magistrate’s court. |
| (3) | Sections 188 and 189 of the Criminal Procedure Act, 1977 (Act No. 5 1 of 1977), read with such changes as the context may require, apply to a person who has been summonsed in terms of subsection (1) or required by the presiding officer to give evidence. |
| (4) | A person summonsed in terms of subsection (1)(a) and who complied with the summons, is entitled to an allowance from state funds equal to that determined for witnesses summonsed to appear in criminal trials in a magistrate’s court. |
| (5) | A person summonsed in terms of subsection (1)(b) or (c) is not entitled to an allowance from state funds except if the presiding officer so orders. |