Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 2 : General3. Participation of child |
| (1) | The court must determine if the child is able to participate in the proceedings and chooses to do so as provided for in the Act, and record the reasons for such determination. |
| (2) | The court must, where it is found that the child is able and chooses to participate— |
| (a) | inform the child of the child’s rights and opportunity to participate in an age appropriate manner; |
| (b) | explain the process and procedure of the court in simple language for the child to understand and participate in the process, including requesting breaks when needed; |
| (c) | ensure an informal, child friendly environment as provided for in section 60(3) of the Act; |
| (d) | promote the child’s participation in the proceedings, including but not limited to the appointment of an intermediary, an interpreter, a legal representative, allowing a comfort person and conducting the proceedings using an audio-visual facility; |
| (e) | ensure that a child with a disability has an opportunity to actively participate, and that reasonable accommodation is provided where necessary; and |
| (f) | allocate sufficient time for the hearing, taking into consideration the needs and comfort of the child, including time to eat, rest and refresh. |
| (3) | If the child is not present, either in person or through audio-visual facility, the court must enquire why the child is not present and postpone the enquiry in order to ensure that the child is afforded the opportunity to participate, unless circumstances exist why the matter should proceed in the absence of the child, which must be recorded. |
| (4) | When the matter is postponed, the court may make any order as it may deem necessary to afford the child an opportunity to participate in the proceedings. |