CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
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)18 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.
(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)19 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:
Provided that the officer presiding over the children's court shall, upon the request by or on behalf of
any person who in his opinion is a properly interested person, require the appearance before the court of
the maker of any such affidavit or report and shall afford that person an opportunity to cross-examine the
maker of the affidavit or report upon oath.
(3) Any person who in the opinion of the officer presiding over a children's court is a properly interested person shall be entitled to examine any witness appearing before the children's court in person or by
a legal practitioner:
Provided that the officer presiding shall disallow any question which in his opinion is not relevant or is
not otherwise a proper question.
(4) Where it appears to the officer presiding over a children's court that a witness has been asked any
question tending to incriminate such witness, he shall inform the witness that he may refuse to answer
the question.
9