Statistics Act, 1999
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 8 : Trial in Child Justice Court40. Appointment of independent observer |
| (1) | The presiding officer must, for the purposes of appointing an independent observer in terms of section 65(6) of the Act, consider the names of the persons whose particulars appear on the list and select from that list the person best suited to assist the child. |
| (2) | The clerk of the child justice court must, on the instruction of the presiding officer, notify, as directed by the presiding officer, the person selected of his or her proposed appointment to assist the child. |
| (3) | The presiding officer must ascertain from the child whether he or she is willing to be assisted by the person selected. |
(4)
| (a) | The presiding officer may obtain from the person selected any further information he or she deems fit for purposes of determining whether the person selected is suitable to assist the child. |
| (b) | The presiding officer must inform the person selected of his or her responsibilities in assisting the child and ascertain whether the person is willing to assist the child. |
| (5) | The presiding officer must, if he or she is satisfied that— |
| (a) | the child is willing to be assisted by the person selected; |
| (b) | the person selected is willing to assist the child; and |
| (c) | the person selected is suitable to assist the child, |
appoint the person selected by recording his or her personal particulars on the court record.
