Page:Mediation in Certain Divorce Matters Act 1987.djvu/2

2 No. 10795

MEDIATION IN CERTAIN DIVORCE MATTERS ACT, 1987. GENERAL EXPLANATORY NOTE

To provide for mediation in certain divorce proceedings, and in certain applications arising from such proceedings, in which minor or dependent children of the marriage are involved, in order to safeguard the interests of such children; and to amend the Divorce Act, 1979, in order to provide for the consideration by a court in certain circumstances of the report and recommendations of a Family Advocate before granting a decree of divorce or other relief and to make the provisions of section 12 (1) and (2) of the said Act applicable to an enquiry instituted in terms of this Act; and to provide for matters connected therewith.

(Afrikaans text signed by the State President.) (Assented to 16 June 1987.)

E IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:―

1. In this Act, unless the context otherwise indicates, any word or expression has the meaning attached thereto in the Divorce Act, 1979 (Act No. 70 of 1979), and—

“Family Advocate” means a Family Advocate appointed under section 2 (1); (i) “Family Counsellor” means a Family Counsellor appointed under section 3 (1); (ii) “Minister” means the Minister of Justice. (iii)

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.

(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.

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 referred to in section 4 (1).