(b) a judge of the High Court has certified that the order is in accordance with real and substantial justice.
(7) Section 348 and of section 358, other than paragraph (a) of subsection (2) thereof, of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in respect of an order in terms of paragraph
(a) or (b) of subsection (4) as though the fine were one imposed by a magistrates court.
(8) An appeal shall lie to the High Court against an order in terms of subsection (4) and provisions of the
Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06] and the rules made thereunder shall,
mutatis mutandis, apply to such appeal as if it were an appeal against a judgment in a civil suit by a magistrate.
(Subsection as amended by s. 10 of Act 9 of 1997)
(9) Where an appeal in terms of subsection (8) is noted, the order of the children’s court against which the
appeal is noted shall be suspended until the appeal lapses for want of prosecution or is withdrawn, abandoned or
dismissed.
[Subsection amended by section 49 of act 23 of 2001]
(10) A wife may make an application in terms of this section, and any application to a court in connection
therewith, without the assistance of her husband.
7 Enforcement of orders relating to custody
(1) When making an order in terms of section five the effect of which will be to remove a minor from the
custody, whether lawful or not, of any person, a children’s court may—
(a) direct a police officer to enforce the order; and
(b) authorize any person named in the order to accompany the police officer who is to enforce the order.
[Subsection amended by section 49 of act 23 of 2001]
(2) A police officer who is directed to enforce an order in terms of subsection (1) may, accompanied by any
person named in terms of paragraph (b) of that subsection and by the exercise of such force as is reasonably
necessary in the circumstances, enter any premises wherein the minor who is the subject of the order is suspected
to be and remove the minor to the custody of the person entitled thereto in term of the order.
(3) Any person who hinders or obstructs a police officer in the enforcement of an order in terms of this section shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not
exceeding three months or to both such fine and such imprisonment.
[Subsection amended by s. 4 of Act 22/2001.]
8
Penalty for failure to obey process of juvenile
(1) If a person who has been served with a summons or other process requiring his attendance at a hearing of
a children’s court for the purpose of this Act fails to attend and remain in attendance at the hearing, unless he is
excused by the children’s court, the officer presiding over the children’s court may—
(a) issue a warrant for the apprehension of that person;
(b) order that person to pay a fine not exceeding level three or to imprisonment for a period not exceeding
one month or to both such fine and such imprisonment;
[Paragraph amended by s. 4 of Act 22/2001.]
(c) on cause shown, remit any penalty imposed in terms of paragraph (b).
[Subsection amended by section 49 of act 23 of 2001]
(2) Any person arrested in terms of subsection (1) may be detained in any prison and compelled to attend the
hearing of the children’s court until the determination thereof.
[Subsection amended by section 49 of act 23 of 2001]
(3) Section 348 and of section 358, other than paragraph (a) of subsection (2) thereof, of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in respect of an order in terms of paragraph
(b) of subsection (1) as though the fine were one imposed by a magistrates court.
(4) An appeal shall lie to the High Court against an order in terms of paragraph (b) of subsection (1) and the
Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06]] and the rules made thereunder
shall apply, mutatis mutandis, to such an appeal as if it were an appeal against the judgment in a criminal trial by a
magistrate.
(Subsection as amended by s. 10 of Act 9 of 1997)
(5) Where an appeal in terms of subsection (4) is noted, the order of the children’s court against which the
appeal is noted shall be suspended until the appeal lapses for want of prosecution or is withdrawn, abandoned or
dismissed.
[Subsection amended by section 49 of act 23 of 2001]
9
Appointment of guardian by children’s court
(1) Without prejudice to the rights, powers and privileges of the High Court as upper guardian of minor children, and the Master in terms of section 74 of the Administration of Estates Act [ Chapter 6:01], the children’s
court may, on application in terms of this section, appoint a fit and proper person to be the guardian of a minor
who has no natural guardian or tutor testamentary.
[Subsection amended by section 49 of act 23 of 2001]