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


Regulations relating to Children's Courts and International Child Abduction, 2010

Chapter III : Children's Courts

Part 1 : Children's Court Proceedings

10. Additional powers of court


(1) A court may, if there is any uncertainty regarding the age of a person who appears to be a child—
(a) request any documentation, evidence or statements relevant to the estimation of the age of that person from any person, body or institution; or
(b) refer that person to a medical practitioner employed by the state of the court<s choice for an estimation of that person's age.


(2) The medical practitioner referred to in subregulation (1)(b), must complete a form which corresponds substantially with Form 7 of the Annexure.


(3) In the absence of a valid birth certificate, identity document or passport, the court must, on all the available evidence make an estimation of the age and possible date of birth of the person referred  to in subregulation (1) by using, as a guide—
(a) Form 7 of the Annexure completed by a medical practitioner as provided for in subregulation (1)(b); or
(b) a record of immunisation issued by a clinic.


(4) An estimation of age in terms of subregulation (3), must be entered into the court record as the estimated age and date of birth of the person.


(5) Where a court makes an estimation of age in terms of subregulation (3), a form which corresponds  substantially  with  Form 8  of  the Annexure must  be  completed  and  handed  to  the  social worker involved with the matter to be handed in at the Department of Home Affairs to be dealt with in terms of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) and the Identification Act, 1997 (Act No. 68 of 1997).