(2) Where a minor has no natural guardian or tutor testamentary— (a) a relative or person having the care and custody of the minor; or (b) a probation officer; may apply to the children’s court by way of an application lodged with the clerk of that court for the a ppointment of a person as guardian of the minor, and such application may propose the appointment of a specified person as the guardian. [Subsection amended by section 49 of act 23 of 2001] (3) Upon receipt of an application in terms of subsection (2) the clerk of the children’s court shall, notwithstanding subsection (5) of section 5 of the Children’s Act [Chapter 5:06], publish in the Gazette and in a newspaper circulating in the area where the minor resides a notice which— (a) calls upon any person who has an interest in the matter to appear before the children’s court on a date to be specified in the notice, which shall be not less than seven days and not more than thirty days after publication of the notice; and (b) specifies the name of the person, if any, proposed for appointment as the guardian. [Subsection amended by section 49 of act 23 of 2001] (4) On the date specified in a notice published in terms of subsection (3), or any later date fixed by the children’s court, that court shall inquire into the matter and, having regard to the welfare and interests of the minor, may appoint such person as it thinks fit and proper to be the guardian of the minor with all or such of the rights, powers and privileges of guardianship, or on such conditions, as the court may specify: Provided that where a different person has already been appointed a tutor dative by the Master in terms of the Administration of Estates Act [Chapter 6:01], any appointment of guardianship in terms of this section shall be subject to the rights, powers and privileges of such tutor dative and shall not derogate therefrom. [Subsection amended by section 49 of act 23 of 2001] (5) The clerk of the children’s court shall issue to a person who has been appointed a guardian in terms of subsection (4) a letter of appointment which shall— (a) specify the powers, rights and privileges conferred upon him in terms of subsection (4); and (b) be sufficient proof of his authority to exercise such powers, rights and privileges. [Subsection amended by section 49 of act 23 of 2001] (6) Whenever the children’s court appoints a person as guardian in terms of subsection (4), the clerk of the children’s court shall, within seven days thereof, submit the record of the proceedings in the matter to the registrar of the High Court, who shall lay the record before a judge in chambers. [Subsection amended by section 49 of act 23 of 2001] (7) A judge before whom a record of proceedings has been laid in terms of subsection (6) may— (a) confirm, vary or set aside the decision of the children’s court; or (b) remit the matter to the children’s court with such instructions as to the further proceedings to be had in such matter as he thinks fit; or (c) give such other order or make such other direction, including an order for the production of further evidence before him, as he thinks fit. [Subsection amended by section 49 of act 23 of 2001] (8) Any person who is aggrieved by the decision of the children’s court in making an appointment in terms of subsection (4) may appeal against that decision to the High Court. [Subsection amended by section 49 of act 23 of 2001] (9) An application may be made to the children’s court for the variation of any appointment of a person as a guardian in terms of subsection (4) and this section shall apply, mutatis mutandis, in relation to any such application. 10 Regulations (1) The Minister may make regulations prescribing anything which, in his opinion, is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Regulations made in terms of subsection (1) may provide for (a) the from of applications in terms of this Act; (b) fees and charges for applications and orders made, documents issued or any other thing done in terms of this Act. [Section inserted by section 5 of Act 14/2002.]