Intellectual Property Rights from Publicly Financed Research and
R 385
Children's Act, 2005 (Act No. 38 of 2005)Chapter 4 : Children’s CourtsPart 1 : Establishment, status and jurisdiction50. Investigations |
| (1) | A children's court may, subject to section 155(9), before it decides a matter, order any person— |
| (a) | to carry out an investigation or further investigation that may assist the court in deciding the matter; and |
| (b) | to furnish the court with a report and recommendation thereon. |
| (2) | An investigation or further investigation must be carried out— |
| (a) | in accordance with any prescribed procedures; and |
| (b) | subject to any directions and conditions determined in the court order. |
| (3) | The court order may authorise a designated social worker or any other person authorised by the court to conduct the investigation or further investigation to enter any premises mentioned in the court order, either alone or in the presence of a police official, and on those premises— |
| (a) | remove a child in terms of sections 47 and 151; |
| (b) | investigate the circumstances of the child; |
| (c) | record any information; and |
| (d) | carry out any specific instruction of the court. |
| (4) | In addition to the powers a police official has in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), the police official accompanying the designated social worker or other person authorised to conduct the investigation or further investigation may— |
| (a) | enter the premises mentioned in the court order and conduct any search; |
| (b) | question any person; |
| (c) | request the name, address and identification details of any person on or residing or suspected to be residing on those premises; |
| (d) | remove any person, from the child’s home or place of normal residence in the manner contemplated in section 153 if the police official has a reasonable suspicion that the person— |
| (i) | has caused the child harm; or |
| (ii) | is likely to cause the child harm if the person is not so removed. |
| (e) | record any information; and |
| (f) | carry out any specific instruction of the court. |
| (5) | A police official referred to in subsection (4) may use such force as may be reasonably necessary to overcome any resistance against the entry or search of the premises contemplated in subsection (4)(a), including the breaking of any door or window of such premises: Provided that such police official must first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter such premises. |
