Mediation in Certain Divorce Matters Act, 1987/1998-09-04

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as amended by

Mediation in Certain Divorce Matters Amendment Act, No. 121 of 1991 General Law Amendment Act, No. 139 of 1992 Natural Fathers of Children Born out of Wedlock Act, No. 86 of 1997

3. (1) Subject to the provisions of this section the Minister may appoint at each division of the Supreme Court of South Africa one or more suitably qualified or experienced persons to be styled the Family Counsellor, to assist the Family Advocate with an enquiry in terms of any applicable law.

(2) A Family Counsellor shall hold office for a period of three years, or for such shorter period as the Minister determines at the time of his appointment.

(3) A Family Counsellor may resign by written notice to the Minister.

(4) The Minister may at any time withdraw the appointment of a Family Counsellor if in his opinion there is sufficient reason for doing so.

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

the procedure to be followed in relation to the institution of an enquiry by a Family Advocate in terms of any applicable law, and the manner in which the report and recommendations emanating from such enquiry 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 in terms of any applicable law 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 such action or application 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 or her with an enquiry referred to in paragraph (a) 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.

 5A. The court may, at the trial of an action or the hearing of an application in terms of any applicable law, condone non-compliance with any provision of a regulation made under section 5.

