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Child Justice Act, 2008 (Act No. 75 of 2008)

Chapter 7 : Preliminary Inquiry

50. Referral of children in need of care and protection to children’s court

 

If it appears to the inquiry magistrate during the course of a preliminary inquiry that—

(a) a child is in need of care and protection referred to in section 150(1) or (2) of the Children's Act, and it is desirable to deal with the child in terms of sections 155 and 156 of that Act; or
(b) the child does not live at his or her family home or in appropriate alternative care; or
(c) the child is alleged to have committed a minor offence or offences aimed at meeting the child's basic need for food and warmth,

the inquiry magistrate may stop the proceedings and order that the child be brought before a children's court referred to in section 42 of that Act and that the child be dealt with under the said sections 155 and 156.