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

Regulations

Regulations relating to Children's Courts and International Child Abduction, 2010

Chapter III : Children's Courts

Part 2 : Investigations, Conferences and Forums

11. Investigations

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(1)An order of a court in terms of section 50 of the Act to carry out an investigation or further investigation must be on a form which corresponds substantially with Form 9 of the Annexure.

 

(2)A person who has been ordered by a court in terms of section 50(1) of the Act to carry out an  investigation or further investigation may, for the purpose of performing his or her functions—
(a)question any person who is likely to give material or relevant information about any matter that the court ordered him or her to investigate; and
(b)request a person to identify himself or herself to the satisfaction of the investigator.

 

(3)An investigator may, in investigating a matter so ordered by a court and with due consideration to expediting the investigation of that matter, request any person to—
(a)meet with him or her at a specific time and place on a specific date; and
(b)provide him or her at the meeting, with information relating to the matter and documentary proof of the information, if applicable.

 

(4)
(a)A request referred to in subregulation (2) may be made in the manner the investigator deems fit.
(b)An investigator must keep a written record of—
(i)the manner in which the request referred to in paragraph (a) was made;
(ii)any matter he or she investigates;
(iii)any meetings held with him or her; and
(iv)the outcome of the investigation.

 

(5)After the investigator has concluded the investigation ordered by a court he or she must compile a written report which must contain the following information:
(a)The matter which was investigated;
(b)the reason for the investigation;
(c)the manner of the investigation; and
(d)the outcome of the investigation.

 

(6)The investigator must submit the report referred to in subregulation (5) to the court within 10 days after the conclusion of the investigation.