Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 2 : General4. Reasonable accommodation |
(1)
| (a) | The court must be accessible to the child and any person with a disability involved in the proceedings to enable them to actively participate in the proceedings. |
| (b) | The court must consider measures including the appointment of an intermediary, an interpreter, conducting the proceedings using an audio-visual facility and any other measure which the presiding officer deems appropriate for the active participation in the proceedings. |
| (2) | The court must ensure that the child or any person with a disability involved in the proceedings is provided with the necessary support to actively participate in the proceedings. |
| (3) | Reasonable accommodation needed for a child or any person with disability involved in the proceedings must include but not be limited to— |
| (a) | suitable waiting and ablution facilities; |
| (b) | adequate and comfortable seating; |
| (c) | a facility to allow the child or any person to testify from where they are seated; and |
| (d) | allowing the parent, guardian, or any person present to provide any other form of seating to ensure that the child or other person is comfortable. |
(4)
| (a) | The court must on request by any party or of its own accord, at any time, enquire whether reasonable accommodation is necessary. |
| (b) | Where facilities are inadequate, any party may request for additional arrangements to be made to accommodate the specific needs of the child or such other person. |
| (5) | The court may invoke the provisions of section 51(4) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), pertaining to infrastructure and operational needs. |