| (1) |
A legal representative representing a child must— |
| (a) |
allow the child, as far as is reasonably possible, to give independent instructions concerning the case; |
| (b) |
explain the child's rights and duties in relation to any proceedings under this Act in a manner appropriate to the age and intellectual development of the child; |
| (c) |
promote diversion, where appropriate, but may not unduly influence the child to acknowledge responsibility; |
| (d) |
ensure that the assessment, preliminary inquiry, trial or any other proceedings in which the child is involved, are concluded without delay and deal with the matter in a manner to ensure that the best interests of the child are at all times of paramount importance; and |
| (e) |
uphold the highest standards of ethical behaviour and professional conduct. |
| (a) |
If a presiding officer is of the opinion that a legal representative at any stage during the conduct of any proceedings under this Act, acted contrary to subsection (1), he or she must record his or her displeasure by way of an order which includes an appropriate remedial action or sanction. |
| (b) |
A presiding officer who has made any order referred to in paragraph (a) must immediately direct the clerk or the registrar of the court to notify— |
| (i) |
the relevant law society referred to in section 56 of the Attorneys Act, 1979 (Act No. 53 of 1979); |
| (ii) |
in the case where the legal representative concerned has been employed by Legal Aid South Africa, the Board of Directors of Legal Aid South Africa; or |
[Subsection (2)(b)(ii) amended by section 25(1) of Act No. 39 of 2014]
| (iii) |
in the case of an advocate, the controlling body of which the advocate is a member, |
of the order.
Special Investigating Units and Special Tribunals Act, 1996
