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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 II : Clerks of Children's Courts

5. Additional functions, powers and duties of clerk


In addition to the functions determined by the Act, a clerk must—

(a) upon receipt of a notification as provided for in regulation 6 open a file and number the matter with a consecutive number for the year;
(b) keep and update a register regarding all the matters brought to the court which corresponds substantially with Form 1 of the Annexure;
(c) mark every document received afterwards relating to that matter with the number as assigned to the specific matter;
(d) file any documentation received on the appropriate file;
(e) assist, to the best of his or her ability, any person who requires assistance with the completion of any document relating to the proceedings in the court;
(f) perform the duties assigned to him or her in terms of these Regulations;
(g) inform a witness who is subpoenaed by the presiding officer of the court in the matter that he or she is entitled to witness fees and ensure that the witness is assisted in this regard, where necessary;
(h) perform the duties of the clerk of a civil court insofar as it is necessary to give effect to the provisions of the Act; and
(i) keep a register of investigators appointed by the court in terms of section 75(1)(b) of the Act, in which the following must be entered—
(i) the full names of the investigator;
(ii) the identity number of the investigator;
(iii) the address and contact details of the investigator; and
(iv) the matter for which the investigator was appointed.