Mediation in Certain Divorce Matters Act, 1987/1991-07-10

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as amended by

Mediation in Certain Divorce Matters Amendment Act, No. 121 of 1991

2. (1) The Minister may appoint one or more officers in the public service at each division of the Supreme Court of South Africa to be styled the Family Advocate, to exercise the powers and perform the duties granted or assigned to a Family Advocate by or under this Act or any other law, and the Minister, or any person authorized thereto in writing by him, may appoint one or more persons, whether or not they are officers in the public service, at any such division to act as a Family Advocate or Family Advocates for the duration of a specific divorce action or an application or for more than one such action or application.

(2) No person shall be appointed as a Family Advocate unless he is qualified to be admitted to practise as an advocate in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and the Minister deems him to be suitable for appointment as a Family Advocate by reason of his involvement in or experience of the adjudication or settlement of family matters.

5. (1) The Minister may make regulations as to—

the procedure to be followed in relation to the institution of an enquiry referred to in section 4, and the manner in which the report and recommendations mentioned in that section shall be produced in court; the conditions of service of a Family Counsellor; the payment by the State of remuneration and allowances to a Family Advocate appointed under section 2(1) to act in a specific divorce action or an application or in more than one such action or application and a Family Counsellor, for services rendered, the determination of criteria for the payment of such remuneration and allowances, the manner of calculation of such remuneration and allowances and the recovery thereof by the State from a party or parties to a divorce action or an application referred to in section 4(1)(b) and (2)(b) by means of an order as to costs by the court;

the appointment by a Family Advocate or a Family Counsellor of a person or persons to assist him with an enquiry referred to in section 4 and the payment by the State of remuneration to such person or persons; the appointment, powers and duties of one or more committees to advise the Minister regarding the appointment, powers and duties of Family Counsellors; and generally, any other matter which he deems necessary or expedient to prescribe in order to give effect to the provisions of this Act and to realize the objects thereof.

(2) No regulations may be made under subsection (1) (c) or (d) except with the concurrence of the Minister of Finance.