- The Rules state that “These Rules regulate the procedure in Children’s Courts,” creating one uniform national system that every Children’s Court must follow.
- Courts must determine whether a child can and chooses to participate, record the reasons for that decision, ensure an “informal and child-friendly environment,” and closely regulate how children are questioned during proceedings.
- The Rules introduce reasonable accommodation requirements, allow non-verbal communication, formalise judicial case management, permit electronic service of documents, and start on 20 March 2026.
Children who appear in care and protection matters will now have a clearer, structured chance to speak in their own cases.
The Children’s Courts Rules of South Africa were published in Government Gazette No. 54173 on 20 February 2026. Rule 25 states, “These Rules are called the Children’s Courts Rules of South Africa, and commence on 20 March 2026.” From that date, every Children’s Court in the country must apply the same procedural framework.
At the outset, the Rules state that “These Rules regulate the procedure in Children’s Courts.” Rule 2 adds that they aim to create uniformity in the processes and procedures in the courts. Their purpose includes promoting access to court, ensuring matters are dealt with quickly, and improving “the standard of the best interests of the child.”
The most significant changes focus on the child’s role in proceedings.
The child must be heard and the decision must be recorded
Rule 3 requires the court to determine whether the child can participate and chooses to do so, and to “record the reasons for such determination.” Participation is not assumed or ignored. It must be acknowledged and documented.
When the child can and chooses to participate, the court must “inform the child of the child’s rights and opportunity to participate in an age-appropriate manner” and “explain the process and procedure of the court in simple language.” The court must also “ensure an informal, child-friendly environment.”
If a child is not present, either physically or through an audio-visual facility, the court “must enquire why the child is not present and postpone the enquiry” unless there are documented reasons to proceed without the child. This creates a safeguard against excluding children from their own matters.
The Rules also reinforce that those involved in proceedings must “give due consideration to the views expressed by the child” and “ensure the child’s right to participate in an appropriate way.”
Strict limits on how children may be questioned
The new framework sets out detailed rules on questioning.
Rule 5 states that “All questions to children during proceedings must” be in plain and age-appropriate language, must “not consist of more than one question at a time,” must “not be posed in the negative,” must “not contain legal terminology,” and must “not be intimidating or aggressive.”
The court “must disallow questions which are misleading, irrelevant, ambiguous, annoying, harassing, inappropriate, intimidating, offensive, aggressive, and repetitive.” Children must be given time to think about questions and may be questioned for the shortest time possible.
Importantly, children are not limited to speaking. The Rules allow participation through “gestures, drawing or painting, writing, electronic devices, picture or symbol cards, toys, demonstrations,” or “any other manner the court considers suitable.” A qualified expert may help the court interpret such responses.
Accessibility and reasonable accommodation
Reasonable accommodation is expressly regulated. The court must be accessible and provide necessary support to ensure active participation. This includes suitable waiting and restroom facilities, proper and comfortable seating, and spaces that let a child testify from where they sit.
The court may appoint an intermediary, arrange for an interpreter, allow a comfort person, or permit testimony through an audio-visual facility. Children with disabilities must receive reasonable accommodation to ensure equal participation.
Case management and modernised procedure
The Rules introduce structured judicial case management with goals that include protecting the best interests of the child, addressing delays, and speeding up case finalisation. The presiding officer controls proceedings, and, where possible, the same presiding officer must handle all pending matters relating to a specific child to maintain continuity.
The electronic service of documents is now allowed. Applications and notices may be served personally or “including an electronic mail address or any other electronic manner,” subject to proof of transmission.
Urgent applications are also regulated. A case may be treated as urgent if “the child may suffer imminent harm to that child’s physical, mental or social well-being if the application is not dealt with immediately.”
Commencement
Rule 25 clarifies the position. “These Rules are called the Children’s Courts Rules of South Africa, and commence on 20 March 2026.”
From that date, participation must be considered and recorded. Questioning must follow strict standards, and courts must provide reasonable accommodation. The procedure governing Children’s Courts will operate under one uniform national system.
The core message of the Children’s Courts Rules is that children must be heard and proceedings child-friendly.
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