(1)
| (a) |
The magistrate of the district must, for the purposes of compiling a list of independent observers in terms of section 1 of the Act— |
| (i) |
invite the community, an organisation or the community police forum to nominate persons to serve as independent observers in terms of section 65 of the Act; and |
| (ii) |
allow a person from the community, an organisation or the community police forum to nominate himself or herself to serve as an independent observer. |
| (b) |
An invitation for a nomination as independent observer must be posted on the notice board at the magistrate's office, published in a local newspaper, broadcast over a local radio station or be extended in any other manner the magistrate deems appropriate. |
| (2) |
A nomination for appointment as independent observer must be done on Part A of Form 11 of the Annexure. |
(3)
| (a) |
A person nominated to serve as an independent observer, must complete Part B of Form 11 of the Annexure. |
| (b) |
A person who has been nominated as an independent observer in terms of subregulation (1)(a) and who is willing to accept the nomination and a person who has nominated himself or herself, must indicate on Part B of Form 11 any information which reflects his or her background and profile which may be relevant for the purposes of deciding whether the nominee is suitable to assist a particular child. |
(4)
| (a) |
The magistrate of the district may obtain further information from any person nominated to serve as an independent observer and the community, organisation or community police forum which nominated the person in order to clarify any uncertainty. |
| (b) |
The magistrate must, subject to paragraph (c), enrol on the list of independent observers— |
| (i) |
the name of the person who nominated himself or herself to serve as independent observer; and |
| (ii) |
the name of the person who was nominated in terms of subregulation (1)(a) if he or she has accepted the nomination, |
if Form 11 has been completed to the satisfaction of the magistrate.
| (c) |
The magistrate, if he or she has reason to believe that a person whose name is to be enrolled on the list of independent observers in terms of paragraph (b), is not a suitable person, must inform the person in question and obtain further information from him or her. |
| (d) |
The magistrate may, if he or she still believes that the nominated person is not a suitable person after having complied with paragraph (c), refuse to enrol the name of the person on the list of independent observers. |
| (e) |
A magistrate who has refused to enrol the name of a person on the list of independent observers, must record the reasons for the refusal and give reasons for the refusal when requested by the person involved. |
| (5) |
The list of independent observers may be kept manually or electronically. |
| (6) |
The magistrate of the district must update the list on a regular basis to ensure that the contact details of persons whose names appear on the list are correct. |
(7)
| (a) |
The magistrate of the district must ensure that there are sufficient persons listed for appointment as independent observers. |
| (b) |
In the event of a shortage of persons to be appointed as independent observers, the magistrate of the district must invite further nominations in the manner referred to in this regulation. |
Older Persons Act, 2006
