Children's Act, 2005 (Act No. 38 of 2005)

Chapter 4 : Children’s Courts

Part 2 : Court proceedings

65. Monitoring of court orders

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(1)A children’s court may monitor—
(a)compliance with an order made by it in a matter; or
(b)the circumstances of a child following an order made by it.

 

(2)For purposes of monitoring compliance with an order made by a children's court of the circumstances of a child following an order, the court—
(a)when making that order, may order—
(i)any person involved in the matter to appear before it at any future date; or
(ii)that reports by a designated social worker be submitted to the court within a specified period of from time to time as specified in the order;
(b)at any time after making an order or when a report of non-compliance mentioned in subsection (4) is referred to it, may call or recall any person involved in the matter to appear before it.

 

(3)When a person appears before the court in terms of subsection (2) the court may—
(a)inquire whether the order has been or is being complied with, and if not, why the order has not been complied with or is not being complied with;
(b)confirm, vary or withdraw the order; or
(c)enforce compliance with the order, if necessary through a criminal prosecution in a magistrate’s court or in terms of section 45(2).

 

(4)Any person may report any alleged non-compliance with an order of a children’s court, or any alleged worsening of the circumstances of a child following a court order, to the clerk of the children’s court, who must refer the matter to a presiding officer for a decision on possible further action.