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

Chapter 4 : Children’s Courts

Part 2 : Court proceedings

60. Conduct of proceedings


(1) The presiding officer in a matter before a children's court controls the conduct of the proceedings, and may—
(a) call any person to give evidence or to produce a book, document or other written instrument;
(b) question or cross-examine that person; or
(c) to the extent necessary to resolve any factual dispute which is directly relevant in the matter, allow that person to be questioned or cross-examined by—
(i) the child involved in the matter;
(ii) the parent of the child;
(iii) a person who has parental responsibilities and rights in respect of the child;
(iv) a care-giver of the child;
(v) a person whose rights may be affected by an order that may be made by the court in those proceedings; or
(vi) the legal representative of a person who is entitled to a legal representative in those proceedings.


(2) If a child is present at the proceedings, the court may order any person present in the room where the proceedings take place to leave the room if such order would be in the best interests of that child.


(3) Children’s court proceedings must be conducted in an informal manner and, as far as possible, in a relaxed and non-adversarial atmosphere which is conducive to attaining the co-operation of everyone involved in the proceedings.