Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 1 : Definitions, Purpose, Application and Interpretation of Rules1. Definitions |
| (1) | In these rules and in the forms annexed hereto any word or expression to which a meaning has been assigned in the Act bears the meaning so assigned and, unless the context otherwise indicates— |
means a written statement made—
| (a) | under oath or affirmation; or |
| (b) | by solemn or attested declaration; |
contemplated in section 7 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), confirming that the information within the statement is a true and accurate representation of the facts;
means a party who applies to the court for assistance or relief as provided for in the Act;
means a facility that enables both audio and visual communications between a witness and persons in a court in real-time as they take place;
means a person who—
| (a) | is trusted by the child; |
| (b) | has a close relationship with the child; |
| (c) | is not necessarily a party to the proceedings; and |
| (d) | who will provide reassurance and comfort to the child during the proceedings; |
means a person under the age of 18 years and includes—
| (a) | a very young child that is three years of age or less, as referred to in section 157(3) of the Act, |
| (b) | an unaccompanied or separated migrant child, |
| (c) | a child who is an asylum seeker or refugee as contemplated in the Refugee’s Act, 1998 (Act No. 130 of 1998), and |
| (d) | undocumented children; |
means a children’s court established in terms of section 42(1) of the Act and ‘court’ and ‘children’s court’ are synonymous unless the context indicates otherwise;
means a clerk of the children’s court appointed or designated in terms of section 67(2) of the Act;
means an application that is brought in which immediate relief is sought without first giving notice of court proceedings to the person against whom an order is sought;
means the General Regulations regarding Children published under Government Notice R: 261 in Government Gazette No. 33076 of 1 April 2010 made by the Minister of Social Development in terms of the Children’s Act, 2005, as amended;
means the Regulations relating to Children's Courts and International Child Abduction published under Government Notice R: 250 in Government Gazette No. 33067 of 31 March 2010 made by the Minister of Justice and Constitutional Development in terms of the Children’s Act, 2005, as amended;
means an attorney, an advocate or a candidate legal practitioner who is entitled to appear in a court;
means a presiding officer of a children’s court as provided for in section 42 of the Act;
means the necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
means any person against whom relief is sought, or who may be affected by the assistance or relief sought by the applicant, and includes an interested party and a respondent as referred to in the Act; and
means the Children’s Act, 2005 (Act No. 38 of 2005).