jurisdiction for which no children’s court has been established in terms of subsection
(1).
4
Offices of children’s courts
(1) The Minister responsible for justice shall designate a magistrate to preside over a
children’s court established in terms of subsection (1) of section three.
(2) The officer presiding over a children’s court may summon to his aid to sit with
him as assessor or assessors any person who has or any two persons who have, in his
opinion, experience in any matter which may arise for decision at any sitting, inquiry
or hearing:
Provided that whenever the children’s court is inquiring into the case of a female
child or female young person the officer presiding shall summon a woman assessor if
a suitable woman is available to act as such.
(2A) The Minister, in consultation with the Minister responsible for justice, shall
appoint a probation officer for each children's court, and that probation officer shall—
(a)
be responsible for safeguarding the interests of any child or young
person who is brought before the court;
(b)
be present during all the proceedings of the court:
Provided that the probation officer's absence from any such
proceedings shall not invalidate them unless it causes prejudice to the child or young
person concerned.
[Inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) An assessor may be summoned in terms of subsection (2) to sit with the officer
presiding over a children’s court at any particular sitting or for the holding of a
particular inquiry or hearing or for the holding of any inquiry or hearing or at any
sitting during the period specified in the summons.
(4) Assessors shall advise the officer presiding over a children’s court on all
questions, except questions of law, arising during any sitting or during the inquiry or
hearing, but the final determination or order of the children’s court in question shall
be determined by the officer presiding thereover.
(5) An assessor may be paid out of moneys appropriated by Act of Parliament for the
purpose such allowances as the Minister, after consultation with the Minister
responsible for finance, may from time to time determine.
(6) There shall be for every children’s court such number of children’s court
assistants as may be required whose offices shall be public offices and part of the
Public Service.
(7) Every officer delegated by the Attorney-General to conduct the prosecutions at the
public instance before the magistrates court of any province shall ex officio be a
children’s court assistant of any children’s court held within that province.
(8) A children’s court assistant at any proceedings of the children’s court to which he
is attached—
(a)
shall adduce any available evidence relevant to those proceedings; and
(b)
may cross-examine any witness giving evidence thereat whom he did
not call; and
(c)
shall generally assist the children’s court in performing its functions.
5
Procedure of children’s courts
(1) A children’s court shall not be bound by any rules relating to civil or criminal
proceedings and, in any case not provided for in this Act or in rules, the proceedings
of a children’s court shall be conducted in such manner as to the officer presiding
over the children’s court seems best fitted to do substantial justice.
(2) The officer presiding over a children’s court may in his discretion permit evidence
to be given to the court by way of affidavit or report and may permit the child or
young person to express his views or opinion on the matter before the children’s
court:
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
Provided that the officer presiding over the children’s court shall, upon the request by