Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 4 : Court Proceedings8. Forms of proceedings |
| (1) | Except where otherwise provided for in these rules, proceedings must be brought on notice, substantially corresponding with Form 2 of the justice regulations: Provided that Form 2 shall not be required in any subsequent proceedings in the same matter. |
| (2) | An application, including subsequent applications in the same matter, may be brought substantially in accordance with Form A of the Annexure, if the nature of the application does not favour the use of Form 2 of the justice regulations. |
| (3) | Every application using Form A of the Annexure must be accompanied by an affidavit setting out the nature of the application, the grounds upon which the application is based and the relief sought, and where available, attach all documents and reports relevant to the application. |
| (4) | Every application must contain— |
| (a) | the full names, residential address, work address, cell phone or telephone number of the applicant, including electronic mail address, if available; |
| (b) | the preferred address, including electronic mail address, at which further documents in the application may be served on the applicant; |
| (c) | the names, gender, date of birth, residential address and name of school or preschool of the child in respect of whom the application relates, if available; |
| (d) | the full names, residential address, work address, cell phone or telephone number of the parents, guardians or caregivers of the child, including email address, if available; |
| (e) | the full names, residential address, work address, cell phone or telephone number of the respondent, including electronic mail address, if known; |
| (f) | an averment as to whether the family advocate, social worker, psychologist or other professional person or body is involved; |
| (g) | the particulars of any pending matter or previous order of any court, either interim or final, relating to the child or parties involved; |
| (h) | if there is an existing court order which is sought to be varied or suspended the grounds upon which relief is sought to change the existing order are based; |
| (i) | any other relevant factor that may assist the court in considering the application; and |
| (j) | all necessary supporting documents including court orders if such documents are available. |
| (5) | Every application must be served on the parent, guardian or care-giver of the child in accordance with the provisions of rule 11 or 12, whichever is applicable. |
(6)
| (a) | A person against whom an order is sought— |
| (i) | may oppose the application; and |
| (ii) | file within 10 days after receiving the application, an answering affidavit setting out the grounds upon which the application is opposed. |
| (b) | Any other person affected by the relief sought— |
| (i) | may oppose or support the application; and |
| (ii) | file within 10 days after receiving the application, an affidavit setting out the grounds upon which the application is supported or opposed. |
| (7) | An application may be brought outside ordinary court hours or on a day which is not an ordinary court day in accordance with the provisions of rule 10. |
(8)
| (a) | A party must attach a confirmatory affidavit where applicable. |
| (b) | A party may attach a supporting affidavit of any person who has knowledge of the matter concerned. |
| (9) | The application and affidavits must be lodged with the clerk who must immediately submit the application and affidavits to the court. |
| (10) | The court must as soon as is reasonably possible consider an application submitted to it, and may, for that purpose— |
| (a) | receive such additional evidence as it deems fit, including oral evidence, which must form part of the record of the proceedings; and |
| (b) | direct whether the child must attend the hearing, including whether in person or through audio-visual link, taking into consideration the child’s age, health and personal circumstances. |
| (11) | The court may make any other order provided for in the Act, including─ |
| (a) | an investigation in terms of section 62 of the Act; or |
| (b) | such other order as it deems necessary to safeguard the best interest of a child. |
| (12) | A court order may be made on a form corresponding substantially with Form B of the Annexure. |