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

Chapter 4 : Children’s Courts

Part 2 : Court proceedings

67. Appointment or designation of clerks of children’s courts


(1) Subject to the laws governing the public service, the Director-General: Justice and Constitutional Development may, for every children's court, appoint or designate one or more officials in the Department, or may appoint one or more persons in the prescribed manner and on the prescribed conditions, as clerks of the children’s court, who must generally assist the court to which they are attached in performing its functions and who must perform the functions as may be prescribed in this Act or by way of regulation or in any other law.


(2) If a clerk of the children’s court is for any reason unable to act as such or if no clerk of the children’s court has been appointed or designated for any children’s court under subsection (1), the presiding officer of the children’s court may designate any competent official in the Department to act as a clerk of the children’s court for as long as the said clerk of the children’s court is unable to act or until a clerk of the children’s court is appointed or designated under subsection (1), as the case may be.


(3) For purposes of giving full effect to this Act persons may be appointed or designated as clerk of the children’s court for one or more children’s courts.