Acts Online
GT Shield

Children's Act, 2005 (Act No. 38 of 2005)

Chapter 4 : Children’s Courts

Part 2 : Court proceedings

52. Rules and court proceedings


(1) Except as is otherwise provided in this Act, the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and of the rules made in terms thereof as well as the rules made under the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), apply, with the necessary changes required by the context, to the children's court in so far as these provisions relate to—
(a) the issue and service of process;
(b) the appearance in court of advocates and attorneys;
(c) the execution of court orders;
(d) contempt of court; and
(e) penalties for—
(i) non-compliance with court orders;
(ii) obstruction of the execution of judgements; and
(iii) contempt of court.


(2) Rules made in terms of subsection (1) must be designed to avoid adversarial procedures and include rules concerning—
(a) appropriate questioning techniques for—
(i) children in general;
(ii) children with intellectual or psychiatric difficulties or with hearing or other physical disabilities which complicate communication;
(iii) traumatised children; and
(iv) very young children; and

(b)        the use of suitably qualified or trained interpreters.