Subject to this Act and any rules, the Magistrates Court Act [Chapter 7:10] and the
rules made thereunder as to—
(a)
the appointment and functions of officers; and
(b)
the issue and service of process; and
(c)
the appearance in court of legal practitioners; and
(d)
the execution of judgments; and
(e)
the imposition of penalties for non-compliance with orders of court,
for obstruction of the execution of judgments and for contempt of court;
shall apply, mutatis mutandis, to children’s courts.
PART III
PREVENTION OF NEGLECT, ILL-TREATMENT AND EXPLOITATION OF
CHILDREN AND YOUNG PERSONS
7
Ill-treatment or neglect of children and young persons
(1) Subject to subsection (4), if any parent or guardian of a child or young person
assaults, ill-treats, neglects, abandons or exposes him or allows, causes or procures
him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to
cause him unnecessary suffering or to injure or detrimentally to affect his health or
morals or any part or function of his mind or body, he shall be guilty of an offence.
(2) Subject to subsection (4), a parent or guardian of a child or young person shall be
deemed to have abandoned or neglected that child or young person if he has—
(a)
failed to provide or to pay for adequate food, clothing or lodging for
him or failed to pay for the maintenance of a child or young person who has been
placed in an institution; or
(b)
failed to provide or pay for dental, medical or surgical aid or other
effective remedial care necessary for his health or well-being; or
(c)
left the child or young person in the care of some other person or an
institution and thereafter has shown inadequate interest in the well-being of that child
or young person for a period in excess of one year; or
(d)
in the case of a child, failed to provide adequate supervision of that
child; or
(e)
in the case of an infant, left that infant unattended in circumstances
which were likely to cause the infant physical or mental distress or harm.
(3) A person may be convicted of an offence specified in subsection (1)
notwithstanding that—
(a)
actual suffering or injury or detriment to health, morals, mind or body
has been obviated by the action of another person; or
(b)
actual suffering or injury or detriment to health, morals, mind or body
has not occurred; or
(c)
the child or young person, who is the subject of the charge, has died.
(4) Proof that any failure which is the subject of a charge in terms of subsection (1)
was due to a lack of means and that such lack of means was due to none of the
following—
(a)
unwillingness to work;
(b)
misconduct;
(c)
the incurring of debts or obligations which, in all the circumstances of
the case, are unreasonable;
(d)
omission to take reasonable steps to obtain relief from any other
person legally liable to maintain the child or young person concerned or from any
association, authority or institution whose purpose is the relief of indigency;
shall be a good defence to the charge.
(5) Any person convicted of an offence in terms of this section shall be liable to a fine
not exceeding level seven or to imprisonment for a period not exceeding two years or
to both such fine or such imprisonment:
Provided that if it is proved that such person would to his knowledge directly or
indirectly acquire any property or an interest in any property or indirectly derive any