Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)

Rules

The Children's Courts Rules of South Africa

Chapter 3 : Clerk

7. Additional functions, powers and duties of clerk

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(1) In addition to the functions provided for in the justice regulations, a clerk must inform a party that—
(a) if not represented by a legal practitioner, such party is entitled to be legally represented;
(b) if unable to afford legal representation, such party may approach Legal Aid South Africa, a law clinic, or the Legal Practice Council for pro bono legal representation;
(c) such party may apply for reasonable accommodation if needed as provided for in rule 4;
(d) such party may request that an interpreter be arranged as provided for in sub-rule (7) of this rule; and
(e) such party may apply to appear using an audio-visual facility.

 

(2) The clerk must accept and submit all applications to the presiding officer and may not refuse to accept an application for any reason.

 

(3)The offices of the clerk are open during 07h45 to 16h15 every day of the week except on a Saturday, Sunday or public holiday.

 

(4) The clerk who attends the proceedings as contemplated in section 73 of the Act may not participate in the proceedings, except to render administrative support to the court.

 

(5) Where any party will be appearing using an audio-visual facility, the clerk must arrange for the link to be created and forwarded to the relevant party at least three days prior to the date of the hearing, unless a shorter period is agreed to with such party.

 

(6) The clerk must, on the direction of the court, summons a suitably qualified intermediary to attend the hearing.

 

(7) The clerk must, on the direction of the court, arrange for an interpreter, including a sign language or tactile sign language interpreter, if required, to attend the hearing.