(3) Where the occupier of any premises is convicted in terms of subsection (1) of an offence committed in connection with those premises, the court convicting such occupier may, apart from any penalty which it may impose for the said offence, cancel any licence which such occupier may hold for any public entertainment in the premises in question, and thereupon he shall be disqualified from obtaining another licence for those premises. 12 Power to bind over person having custody of young girl, child or young person to exercise proper care (1) Where upon the complaint of any person it is shown to the satisfaction of a children’s court that— (a) a girl under the age of eighteen years is exposed to the risk of seduction or prostitution or is living a life of prostitution; or (b) a child or young person is being neglected or is being maintained in domestic circumstances detrimental to his welfare; the court may, if it thinks fit, having regard to all the circumstances, order the parent or guardian of the girl, child or young person to enter into his own recognizances, with or without such sureties and in such amount as the court thinks fit, that he will exercise due care and supervision of the girl, child or young person. (2) Whenever a children’s court makes an order in terms of subsection (1), the officer who presided over such court shall cause to be forwarded to the registrar of the High Court, not later than seven days after the making of such order, the record of the proceedings in the matter together with such report, if any, as he may wish to append. (3) The registrar of the High Court shall, with all convenient speed, lay any record of proceedings and report received by him in terms of subsection (2) before a judge in chambers who may— (a) confirm, vary or set aside the order of the children’s court; or (b) remit the matter to the children’s court with instructions as to the further proceedings to be had in such matter as the judge thinks fit. (4) Where a person who has been ordered to enter into recognizances in terms of subsection (1) refuses or fails to do so, the children’s court may commit him to prison for a period not exceeding one month until such recognizances are entered into: Provided that no person shall be committed to prison in terms of this subsection until the order to enter into the recognizances has been confirmed or varied, as the case may be, by a judge in terms of subsection (3). (5) Where the conditions upon which any recognizances referred to in subsection (1) were given are not observed by the person who gave them, the children’s court may declare the recognizances to be forfeited and such declaration of forfeiture shall have the effect of a judgment in a civil action in the magistrates court in favour of the Minister. (6) A children’s court may at any time amend or revoke an order made by it in terms of subsection (1) and, where an order has been so amended, this section shall apply, mutatis mutandis, in respect of such amendment as if it were an order made in terms of subsection (1). 13 Conducing to commission of offence by child or young person (1) Any person who conduces to the commission of an offence by a child or young person shall be guilty of an offence and liable to any penalty that may be imposed on a person convicted of the offence committed by the child or young person. [amended by Act 22 of 2001, with effect from the 20th May, 2002.] (2) Any parent or guardian of a child or young person who fails to take reasonable steps to ensure that that child or young person does not commit an offence is guilty of an offence and liable to a fine of two thousand five hundred dollars or six months imprisonment. (3) Where a person has been convicted of an offence in terms of subsection (1) the court may, in addition to any penalty which may be imposed therefor, order the person convicted to pay to any party who has been caused damage or loss by the

Select target paragraph3

Add to table of contents