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

Chapter 9 : Child in need of care and protection

Part 2 : Children’s court processes

159. Duration and extension of orders


(1) An order made by a children's court in terms of section 156, except an order contemplated in section 46(1)(c)

[Section 159(1) substituted by section 8(a) of Act No. 17 of 2016]

(a) lapses on expiry of—
(i) two years from the date the order was made; or
(ii) such shorter period for which the order was made; and
(b) may be extended by a children’s court for a period of not more than two years at a time.


(2) When deciding on an extension of the period of a court order in terms of subsection (1), the court must take cognisance of the views of—
(a) the child;
(b) the parent and any other person who has parental responsibilities and rights in respect of the child;
(c) where appropriate, the management of the centre where the child is placed; and
(d) any alternative care-giver of that child.


(3) Subject to section 176(2),  a court order referred to in subsection (1) may not extend beyond the date on which the child in respect of whom it was made reaches the age of 18 years.

[Section 159(3) substituted by section 8(b) of Act No. 17 of 2016]