Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 1 : Definitions, Purpose, Application and Interpretation of Rules2. Application, purpose and interpretation of rules |
| (1) | These rules are applicable to proceedings in the court and are aimed at establishing uniformity in the processes and procedures in the courts. |
| (2) | The purposes of these rules are to— |
| (a) | promote access to the court; |
| (b) | give effect to the objects contained in section 2, and the principles contained in section 6, of the Act; |
| (c) | ensure that all matters in court are dealt with expeditiously and are prioritised as contemplated in section 6(4)(b) of the Act; and |
| (d) | enhance the standard of the best interests of the child contemplated in section 7 of the Act. |
| (3) | The court, family advocate, legal practitioner, social worker or other suitably qualified person, having regard to the child’s age, maturity and stage of development, as contemplated in section 10 of the Act, must— |
| (a) | give due consideration to the views expressed by the child; and |
| (b) | ensure the child’s right to participate in an appropriate way. |
| (4) | These rules must be interpreted and applied so as to give effect to the following objectives: |
| (a) | the child’s best interests are of paramount importance; |
| (b) | the just determination of every court proceeding by ensuring the parties a fair hearing and the recognition and enforcement of their constitutional and other rights under the Act or any other law; |
| (c) | simplicity and uniformity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay; |
| (d) | the care, protection and physical and mental development and social well-being of the child; and |
| (e) | expeditious finalisation of all matters. |