Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 7 : Diversion35. Establishment and maintenance of register of children in respect of whom diversion order has been made |
(1)
| (a) | The Director-General: Social Development must designate an official to make entries in, update and maintain the register of children in respect of whom a diversion order has been made as referred to in section 60(1) of the Act. |
| (b) | The Director-General: Social Development must, forward the particulars of the designated official to the Director-General: Justice and Constitutional Development, for distribution to the National Director of Public Prosecutions and the courts, and the National Commissioner of Police. |
(2)
| (a) | An entry in the register or any amendment to an entry in the register may only be made on receipt of documents which purport to be received from the persons referred to in these Regulations. |
| (b) | Every entry recorded or any amendment of an entry must be verified by the supervisor of the designated official. |
| (3) | The register must, in addition to the information referred to in section 60(1)(a) to (d) of the Act, contain the following particulars: |
| (a) | The reference number allocated in terms of subregulation (4); |
| (b) | a reference to the appropriate section in the Act; |
| (c) | the date on which the diversion order was made; and |
| (d) | the date on which the diversion order lapses. |
(4)
| (a) | The register must be maintained in the following manner: |
| (i) | The clerk of the child justice court must, upon the receipt of a diversion order issued by a magistrate, inquiry magistrate or presiding officer of the child justice court, notify the designated official of the order; |
| (ii) | the clerk of the child justice court must attach a certified copy of the order to the notice; |
| (iii) | the designated official must, on receipt of the notification, number the notice with a consecutive number for the year and enter the required information in the register; |
| (iv) | the designated official must file the notice and attachments received from the clerk of the child justice court, which may only be disposed of in the case of expungement in terms of section 87(6) of the Act; |
| (v) | the clerk of the child justice court must notify the designated official of any order made in terms of section 58(3) or (4) of the Act and attach a certified copy thereof to the notice; and |
| (vi) | the designated official must deal with a notice received in terms of subparagraph |
| (v) | in accordance with subparagraph (iv). |
| (b) | The clerk of the child justice court must submit the notice referred to in paragraph (a)— |
| (i) | by hand; |
| (ii) | electronically; or |
| (iii) | by facsimile. |
| (c) | The clerk of the child justice court must, if the notice was submitted electronically or by facsimile— |
| (i) | keep proof of the manner in which the notice was submitted; |
| (ii) | ensure that the designated official has received the documents; and |
| (iii) | send the original documents by registered post to the designated official. |
| (5) | The clerk of the child justice court, must, upon submission of a notice referred to in subregulation (4), indicate in the criminal record book opposite the name of the child that the notice was submitted, the date of submission and affix his or her signature to the entry. |
| (6) | The Director-General: Social Development must, on a regular basis, inspect the register with a view to identifying possible interventions and the issuing of the necessary instructions. |