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

Chapter 9 : Trial in Child Justice Court

65. Parental assistance

 

(1) Subject to subsections (2) and (5), a child must be assisted by a parent, an appropriate person or a guardian in proceedings in a child justice court.

 

(2) If a parent, an appropriate person or a guardian cannot be traced after reasonable efforts and any further delay would be prejudicial to the best interests of the child or to the administration of justice, the child justice court may dispense with the obligation that the child must be assisted by a parent, an appropriate person or a guardian.

 

(3) The parent of a child, an appropriate person or a guardian who has been warned by an inquiry or a guardian magistrate to attend proceedings in terms of section 49(2), must attend the proceedings, unless he or she has been exempted in terms of subsection (5).

 

(4) If a parent, an appropriate person or a guardian has not been warned to attend as referred to in subsection (3), the child justice court may, at any stage of the proceedings, subpoena or cause to be subpoenaed any parent, appropriate person or a guardian to appear at the proceedings.

 

(5) A parent, an appropriate person or a guardian who has been warned to attend as referred to in subsection (3) or subpoenaed in terms of subsection (4), may apply to the child justice court for exemption from the obligation to attend the proceedings, and if the presiding officer of the child justice court exempts a parent, an appropriate person or a guardian, he or she must do so in writing.

 

(6) Where a child is not assisted by a parent, an appropriate person or a guardian and the child requests assistance, an independent observer may, in exceptional circumstances, be appointed by the presiding officer in the prescribed manner to assist the child.

 

(7) In the event of a failure to comply with the provisions of subsection (3), the procedure referred to in section 24(7)(e) applies, with the changes required by the context.