Child Justice Act, 2008 (Act No. 75 of 2008)RegulationsRegulations relating to Child JusticeChapter 11 : Expungement of Records51. Consideration of application for expungement by Cabinet member |
| (1) | Regulation 50(1), (4), (5) and (7) applies in respect of the consideration of an application by the Cabinet member responsible for the administration of justice in terms of this regulation, with the necessary changes required by the context. |
| (2) | The Cabinet member responsible for the administration of justice must, if he or she intends to refuse the application on the basis that there are no exceptional circumstances justifying the expungement of the conviction and sentence as referred to in section 87(3) of the Act or that the child does not otherwise comply with the criteria in section 87(1) of the Act, notify the applicant in writing of— |
| (a) | his or her intention; and |
| (b) | the requirements which have not been met and why not, |
and specify a date on or before which the applicant may respond to the Cabinet member on the information submitted.
| (3) | The Cabinet member responsible for the administration of justice must, if he or she is satisfied that the child complies with the criteria set out in section 87(1) and (3) of the Act, issue a certificate of expungement which corresponds substantially with Form 15 of the Annexure. |