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

Chapter 4 : Children’s Courts

Part 4 : Miscellaneous matters

75. Regulations


(1) The Minister for Justice and Constitutional Development, after consultation with the Minister, may make regulations concerning—
(a) the procedures to be followed at or in connection with the proceedings of children’s courts and the powers, duties and functions of clerks of the children's court in as far as they relate to the proceedings of children’s courts;
(b) the form of any application, authority, certificate, consent, notice, order, process, register or subpoena to be made, given, issued or kept;
(c) the carrying out and monitoring of investigations in terms of section 50(2), procedures regulating such investigations and the gathering of evidence;
(d) the holding of pre-hearing conferences in terms of section 69, procedures regulating such conferences and information that must be submitted to a children’s court;
(e) the holding and monitoring of family group conferences or other lay-forums in terms of sections 70 and 71, procedures regulating such conferences and other lay-forums and information that must be submitted to a children’s court;
(f) the qualifications and experience of persons facilitating family group conferences, including special requirements that apply to persons facilitating in matters involving the alleged abuse of children;
(g) documents in connection with matters brought to a children’s court and records of the proceedings of children’s courts, including regulations determining—
(i) the person by whom, the period for which and the manner in which those documents and records must be kept; and
(ii) access to those documents and records;
(h) the keeping of records with regard to matters brought to and dealt with by the children’s court;
(i) the submission of court statistics and progress reports on those matters to the Magistrates’ Commission established by section 2 of the Magistrates Act, 1993 (Act No. 90 of 1993);
(j) the payment of remuneration to persons who are not in the employ of the state as contemplated in sections 49, 50, 62, 69, 70 and 71; and
(k) any other matter required or permitted to be prescribed under this Act.


(2) Section 306(2) and (3), read with such changes as the context may require, applies to the making of regulations in terms of subsection (1).