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

Chapter 4 : Children’s Courts

Part 2 : Court proceedings

63. Evidence


(1) A written report, purported to be compiled and signed by a medical practitioner, psychologist, family advocate, designated social worker or other suitably qualified person who on the face of the report formed an authoritative opinion in respect of a child or the circumstances of a child involved in a matter before a children's court, or in respect of another person involved in the matter or the circumstances of such other person, is, subject to the decision of the presiding officer, on its mere production to the children’s court hearing the matter admissible as evidence of the facts stated in the report.


(2) The written report contemplated in subsection (1) must be submitted to the children’s court within the prescribed period prior to the date of the hearing of the matter.


(3) If a person’s rights are prejudiced by a report referred to in subsection (1) the court must—
(a) disclose the relevant parts of the report to that person within the prescribed period prior to the date of the hearing of the matter if that person is a party to the proceedings; and
(b) give that person the opportunity—
(i) to question or cross-examine the author of the report in regard to a matter arising from the report; or
(ii) to refute any statement contained in the report.