2. " 'presiding officer' means a presiding officer contemplated in section 42;"

3. "(4) Any proceedings arising out of the application of Administration Amendment Act 1929 (Act No. 9 of 1929). the Divorce Act, 1979 (Act No. 70 of 1979), the Maintenance Act 1998 (Act No. 99 of 1998). the Domestic Violence Act 1998 (Act No. 116 of 1998), and the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998), in so far as they relate to children, may not be dealt with in a children's court.".

CLAUSE 29

1. (6) The court may, subject to section 55 -

(a) appoint a legal practitioner to represent the child at the court proceedings; and

(b) order the parties to the proceedings, or any one of them, or the state if substantial injustice would otherwise result, to pay the costs of such representation.

CLAUSE 42

Children's courts, presiding officers and clerks of court

42. (1) Every court which is established in terms of section 2(1)(f) of the Magistrates' Courts Act. 1944 ("Act No. 32 of 1944), is a children's court and has jurisdiction on any matter arising from the application of this Act for the area of its jurisdiction.

(2) Every -

(a) magistrate is the presiding officer of the children's court: and

(b) additional magistrate is an assistant presiding officer of the children's court, for the district of which he or she is magistrate or additional magistrate, as the case may be.

(3) The presiding officer of the children's court or an assistant presiding officer thereof must perform such functions as may be assigned to him or her under this Act or any other law.

CLAUSE 45

45. (1) [Except where this Act, the Divorce Act or the Maintenance Act expressly provides otherwise] Subject to section 1(4), a children's court may adjudicate any matter, involving -

(a) the protection and well-being of a child;

(b) etc

CLAUSE 47(2): Referral of children by other court for investigation:

(2) If, in the course of any proceedings in terms of the Administration Amendment Act, 1929 (Act No. 9 of 1929), the Matrimonial Affairs Act, 1953 (Act No. 37 of 1953), the Divorce Act, the Maintenance Act, [or] the Domestic Violence Act, 1998 Act (Act No. 116 of 1998), or the Recognition of Customary Marriages Act 1998 (Act No. 120 of 1998), the court forms the opinion that a child of any of the parties to the proceedings has been abused or neglected, the court -

(a) may suspend the proceedings pending an investigation contemplated in section 155(2) into the question whether the child is in need of care and protection; and

(b) must request the Director for Public Prosecutions to attend to the allegations of abuse or neglect.

CLAUSE 53

Who may approach court

53. (1) Except where otherwise provided in this Act, any person listed in this section may bring a matter which falls within the jurisdiction of a children's court, to a clerk of the [children's] court for referral to a children's court.

CLAUSE 56

1. On page 32, in line 19, to omit "children's"

CLAUSE 57

1. On page 32, in line 25, to omit "children's"

2. (2) The person in whose physical control the child is must ensure that the child attends those proceedings except if [the clerk of the children's court or] the court directs otherwise.

CLAUSE 59

1. On page 33, in line 2, to omit "children's"

CLAUSE 65

1. On page 35, in line 23, to omit "children's"

Part 3

Pre-hearing conferences, family group conferences, other lay-forums, settling matters out of court

CLAUSE 67

(1) Every clerk of the court at the relevant magistrate's court must assist the children's court in Question in performing its functions, as may be prescribed in this Act or by way of regulation or in any other law.

CLAUSE 68

1. On page 36, in line I, to omit "children's"

2. On page 36, in line 2, to omit "children's"

CLAUSE 72

1. On page 36, in line 49, to omit "children's"

Other functions

73. The clerk of the children's} court [-

(a) ]may attend every children's court hearing[; and

(b) must, when ordered by the court in terms of section 55, arrange legal representation for a child before the court].

75. (1) The Minister for Justice and Constitutional Development, after consultation with the Minister, may make regulations concerning -

(a) the procedures to be followed at or in connection with the proceedings of children's courts and the powers, duties and functions of clerks of the court in so far as they relate to the proceedings of children's courts:

(b) etc

CLAUSE 231: Persons who may adopt child: Subclause (7)(b):

(b) A person referred to in paragraph (a) must be regarded as having elected not apply for the adoption of the child if that person fails to apply for the adoption of the child within 30 days after a notice calling on that person to do so has been served on him or her by [the clerk of the children's court or] the sheriff.

CLAUSE 238