Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)

Rules

The Children's Courts Rules of South Africa

Chapter 1 : Definitions, Purpose, Application and Interpretation of Rules

1. Definitions

Purchase

(1)	In these rules and in the forms annexed hereto any word or expression to which a meaning has been assigned in the Act bears the meaning so assigned and, unless the context otherwise indicates—

“affidavit”

means a written statement made—

(a)	under oath or affirmation; or

(b)	by solemn or attested declaration;

contemplated in section 7 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), confirming that the information within the statement is a true and accurate representation of the facts;

"applicant"

means a party who applies to the court for assistance or relief as provided for in the Act;

“audio-visual facility”

means a facility that enables both audio and visual communications between a witness and persons in a court in real-time as they take place;

"comfort person"

means a person who—

(a)	is trusted by the child;

(b)	has a close relationship with the child;

(c)	is not necessarily a party to the proceedings; and

(d)	who will provide reassurance and comfort to the child during the proceedings;

"child"

means a person under the age of 18 years and includes—

(a)	a very young child that is three years of age or less, as referred to in section 157(3) of the Act,

(b)	an unaccompanied or separated migrant child,

(c)	a child who is an asylum seeker or refugee as contemplated in the Refugee’s Act, 1998 (Act No. 130 of 1998), and

(d)	undocumented children;

"court"

means a children’s court established in terms of section 42(1) of the Act and ‘court’ and ‘children’s court’ are synonymous unless the context indicates otherwise;

“clerk”

means a clerk of the children’s court appointed or designated in terms of section 67(2) of the Act;

"ex parte application"

means an application that is brought in which immediate relief is sought without first giving notice of court proceedings to the person against whom an order is sought;

"general regulations"

means the General Regulations regarding Children published under Government Notice R: 261 in Government Gazette No. 33076 of 1 April 2010 made by the Minister of Social Development in terms of the Children’s Act, 2005, as amended;

"justice regulations"

means the Regulations relating to Children's Courts and International Child Abduction published under Government Notice R: 250 in Government Gazette No. 33067 of 31 March 2010 made by the Minister of Justice and Constitutional Development in terms of the Children’s Act, 2005, as amended;

“legal representative”

means an attorney, an advocate or a candidate legal practitioner who is entitled to appear in a court;

“presiding officer”

means a presiding officer of a children’s court as provided for in section 42 of the Act;

“reasonable accommodation”

means the necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

"respondent"

means any person against whom relief is sought, or who may be affected by the assistance or relief sought by the applicant, and includes an interested party and a respondent as referred to in the Act; and

"the Act"

means the Children’s Act, 2005 (Act No. 38 of 2005).