Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 7 : Diversion33. Failure of child to comply with diversion order |
| (1) | The probation officer or the person identified in terms of section 57(1) of the Act must, within seven days after becoming aware of the child's failure to comply with the diversion order, notify the magistrate, inquiry magistrate or child justice court of the child's failure in a form which corresponds substantially with Form 9 of the Annexure. |
(2)
| (a) | The probation officer or the identified person must immediately, upon completion of Form 9, submit the form and the supporting documents, if any, to the clerk of the child justice court— |
| (i) | by hand; |
| (ii) | electronically; or |
| (iii) | by facsimile. |
| (b) | The probation officer or identified person must, if Form 9 and the attachments were submitted electronically or by facsimile— |
| (i) | keep proof of the manner in which the documents were submitted; |
| (ii) | ensure that the clerk of the child justice court has received the documents; and |
| (iii) | send the original documents by registered post to the clerk of the child justice court. |
| (3) | The clerk of the child justice court must, on receipt of Form 9, obtain the court documents and place the matter before the magistrate, inquiry magistrate or the child justice court, as the case may be. |
(4)
| (a) | The clerk of the child justice court must, on receipt of Form 9, submit to the official designated in terms of regulation 35,a certified copy of the form. |
| (b) | The official designated in terms of regulation 35 must, on receipt of the copy of Form 9, make the necessary entries in the register referred to in section 60 of the Act. |
(5)
| (a) | The clerk of the child justice court must inform the official designated in terms of regulation 35 in writing of the outcome of the proceedings before the magistrate, the inquiry magistrate or child justice court and attach any supporting documents. |
| (b) | The designated official must make the necessary entries in the register referred to in section 60 of the Act. |