Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 5 : Protection for Older Persons29. Enquiry into abuse of older person |
| (1) | Subject to this section, a magistrate before whom any person is brought in terms of section 28 must enquire into the correctness or otherwise of the allegations contained in the summons in question. |
| (2) | The public prosecutor or any other person designated by the magistrate for the purpose must appear at the enquiry and may call witnesses and cross-examine any other witnesses giving evidence at the enquiry. |
| (3) | The person against whom the allegations in question were made, may give evidence and he or she, or his or her legal representative, may cross-examine any witnesses called in terms of subsection (2) and may call witnesses and must be given the opportunity to advance reasons why an order should not be issued under subsection (10). |
| (4) | Subject to anything to the contrary contained in this Act, the law relating to criminal trials in magistrates’ courts applies with the necessary changes in respect of subpoenas, the calling and examination of witnesses for the purposes of or at the enquiry, the taking of evidence and the production of documents and other articles thereat, and the payment of allowances to witnesses. |
| (5) | The magistrate holding the enquiry may determine whether or not the proceedings must be conducted in an open court room or behind closed doors. |
| (6) | Section 159(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in so far as it relates to the conduct of a criminal trial in the absence of an accused, applies with the necessary changes in respect of an enquiry held in terms of this section. |
| (7) | Section 108 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 19441, applies 15 with the necessary changes in respect of any proceedings in connection with an enquiry held in terms of this section. |
| (8) | The report referred to in section 28(2) must be submitted to the magistrate holding the enquiry, who may direct the district surgeon, a psychiatrist or a clinical psychologist to examine the older person concerned and to furnish the magistrate with a report on the findings of such examination. |
| (9) | The contents of a report submitted or furnished in terms of subsection (8) must be disclosed to the person against whom the allegations were made, and if he or she so desires, he or she or his or her legal representative must be given an opportunity to cross-examine the person who made the report, in relation to any matter arising out of the report, and to disprove any allegation made therein. |
| (10) | If, after consideration of the evidence and of any report submitted or furnished in terms of subsection (8), it appears to the magistrate that any allegation in the summons is correct, the magistrate may— |
| (a) | authorise the person concerned to accommodate or care for the older person concerned under such conditions as the magistrate may impose; or |
| (b) | prohibit that person from accommodating or caring for any older person for such period, but not exceeding 10 years, as may be determined by the magistrate. |
| (11) | Any person who contravenes or fails to comply with any condition imposed in terms of subsection (10)(a) or who contravenes or fails to comply with subsection (10)(6) is guilty of an offence. |