Children's Act, 2005 (Act No. 38 of 2005)Chapter 4 : Children’s CourtsPart 2 : Court proceedings61. Participation of children |
| (1) | The presiding officer in a matter before a children's court must— |
| (a) | allow a child involved in the matter to express a view and preference in the matter if the court finds that the child, given the child’s age, maturity and stage of development and any special needs that the child may have, is able to participate in the proceedings and the child chooses to do so; |
| (b) | record the reasons if the court finds that the child is unable to participate in the proceedings or is unwilling to express a view or preference in the matter; and |
| (c) | intervene in the questioning or cross-examination of a child if the court finds that this would be in the best interests of the child. |
| (2) | A child who is a party or a witness in a matter before a children’s court must be questioned through an intermediary as provided for in section 170A of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) if the court finds that this would be in the best interests of that child. |
| (3) | The court— |
| (a) | may, at the outset or at any time during the proceedings, order that the matter, or any issue in the matter, be disposed of separately and in the absence of the child, if it is in the best interests of the child; and |
| (b) | must record the reasons for any order in terms of paragraph (a). |