| (1) | Subject to section 1(4), a children's court may adjudicate any matter, involving— |
| (a) | the protection and well-being of a child; |
| (bA) | guardianship of a child as contemplated in section 24; |
[Section 45(1)(bA) inserted by section 3(a) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]
| (ii) | prevention or early intervention services; |
| (i) | the adoption of a child, including an inter-country adoption; |
| (jA) | an unaccompanied or separated migrant child or a child who is an asylum seeker or refugee as contemplated in the Refugees Act, 1998 (Act No. 130 of 1998); or |
[Section 45(1)(j) substituted by section 3(b)and (jA) inserted by section 3(c) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]
| (k) | any other matter relating to the care, protection or well-being of a child provided for in this Act. |
| (2) | A children’s court must refer any criminal matter arising from the non-compliance with an order of such court or a charge relating to any offence contemplated in section 305 to a criminal court having jurisdiction. |
[Section 45(2) substituted by section 3(d) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]
| (3) | Pending the establishment of family courts by an Act of Parliament, the High Courts have exclusive jurisdiction over the following matters contemplated in this Act: |
[Words preceding section 45(3)(a) substituted by section 3(e) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615, dated 8 November 2023]
| (a) | [Section 45(3)(a) deleted by section 3(f) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615, dated 8 November 2023] |
| (b) | [Section 45(3)(b) deleted by section 3(f) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615, dated 8 November 2023] |
| (d) | the departure, removal or abduction of a child from the Republic; |
| (e) | applications requiring the return of a child to the Republic from abroad; |
| (f) | the age of majority or the contractual or legal capacity of a child; |
| (g) | the safeguarding of a child’s interest in property; and |
| (h) | surrogate motherhood agreement. |
[Section 45(3)(h) substituted by section 3(g) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]
| (3A) | The High Court and children’s court have concurrent jurisdiction over the guardianship of a child as contemplated in section 24 of this Act. |
[Section 45(3A) inserted by section 3(h) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615 dated 8 November 2023]
| (3B) | The High Court, children’s court and regional court have concurrent jurisdiction over the assignment, exercise, extension, restriction, suspension or termination of guardianship in respect of a child. |
[Section 45(3B) inserted by section 3(h) of the Children's Amendment Act, 2022, Notice No. 1543, GG47828, dated 5 January 2023 - effective 8 November 2023 per Proclamation 142, GG49615, dated 8 November 2023]
| (4) | Nothing in this Act shall be construed as limiting the inherent jurisdiction of the High Court as upper guardian of all children. |
