Mediation in Certain Divorce Matters Regulations, 1990

This is the version of this Government Notice as it was from 3 October 1990 to 10 September 1992. Read the latest available version.
Jurisdiction
South Africa
Citation
Government Notice R2385 of 1990
Primary work
Mediation in Certain Divorce Matters Act, 1987
Date
Language
English
Type
Legislation
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South Africa
Mediation in Certain Divorce Matters Act, 1987

Mediation in Certain Divorce Matters Regulations, 1990

Government Notice R2385 of 1990

1. Definitions

(1)In these regulations any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it and, unless the context otherwise indicates—“advisory committee” means an advisory committee on Family Counsellors appointed by regulation 7;“deliver” means the delivery of a copy of any document which in terms of these regulations is to be delivered to any person, to such person—(a)personally; or(b)by leaving such copy at his place of residence or business; or(c)if the person to whom such copy is required to be delivered has chosen a domicilium citandi, by delivering or leaving such copy at such domicilium citandi; or(d)by causing such copy to be delivered at his place of residence or business by means of registered or certified post;“Registrar of the Supreme Court” means the Registrar of the Supreme Court at the division of the Supreme Court in question;“Supreme Court” means the Supreme Court of South Africa;“the Act” means the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987).
(2)For purposes of the calculation of any period referred to in these regulations, a Saturday, Sunday or public holiday shall, except where expressly otherwise provided, be disregarded.

2. Institution of certain divorce actions and lodging of certain applications for variation, rescission or suspension of certain court orders

(1)As from the coming into operation of these regulations—
(a)a plaintiff in any divorce action in which any relief is claimed in relation to the custody or guardianship of, or access to, a minor or dependent child of the marriage concerned; or
(b)an applicant in any application for the variation, rescission or suspension of an order made in terms of the Divorce Act, 1979 (Act No. 70 of 1979), in relation to any minor or dependent child of the marriage concerned,
which action is instituted or application is made on or after such coming into operation, shall, together with the summons or notice of motion whereby such action is instituted or application is made, deliver or cause to be delivered to the defendant or respondent, as the case may be, a completed form, duly sworn or affirmed, corresponding substantially to Annexure A, and file with the Registrar of the Supreme Court two copies thereof.
(2)The defendant or respondent, as the case may be, referred to in subregulation (1)—
(a)may, if he desires to reply to statements made in the form delivered to him in terms of that subregulation, within the period allowed in terms of the rules of the Supreme Court for filing any subsequent process, deliver or cause to be delivered to the plaintiff or applicant, as the case may be, a completed form, duly sworn or affirmed, corresponding substantially to the said Annexure A containing his reply to such statements; and
(b)shall, at the same time, file two copies of such form with the Registrar of the Supreme Court.
(3)The Registrar of the Supreme Court shall, as soon as practicable after an action or application referred to in subregulation (1) has been filed with him, transmit to the Family Advocate a copy of the summons or application instituting or bringing such action or application and, if filed, the completed forms referred to in subregulations (1) and (2).

3. Request by court or party to divorce action or application for variation, rescission or suspension of court order relating to minor or dependent children for enquiry to be instituted by Family Advocate

(1)When a court has, in terms of section 4 of the Act, requested the Family Advocate to institute an enquiry referred to in that section, the Registrar of the Supreme Court shall endorse on the court file accordingly, and shall forthwith inform the Family Advocate in writing of such request.
(2)Any party to a divorce action or application referred to in regulation 2 who desires an enquiry to be instituted by the Family Advocate in terms of section 4 of the Act on any matter concerning the welfare of any minor or dependent child of the marriage concerned shall request the Family Advocate accordingly in a form corresponding substantially to Annexure B, and shall at the same time—
(a)deliver or cause to be delivered a copy of such form to every other party to such action or application; and
(b)file a further copy of such form with the Registrar of the Supreme Court.
(3)A party to proceedings referred to in regulation 2 shall, if any such action or application is in any manner settled, not take any further step in terms of the rules of the Supreme Court, unless such party has furnished the Family Advocate with all particulars in relation to such settlement, in so far as such settlement relates to any minor or dependent child of the marriage concerned.

4. Application by Family Advocate to court for an order authorising an enquiry for purposes of report and recommendation to court on welfare of minor or dependent children

An application by the Family Advocate contemplated in section 4 (2) of the Act shall be made either orally or in writing in a form corresponding substantially to Annexure C.

5. Procedure to be followed by Family Advocate in enquiry instituted for purposes of report and recommendation to court on welfare of minor or dependent children

(1)The Family Advocate shall as soon as practicable after receipt of a request referred to in regulation 3, subject to the provisions of this regulation, institute an enquiry in such manner as he may deem expedient or desirable.
(2)The Family Advocate may, if he deems it necessary for an enquiry referred to in subregulation (1), require any person to submit to him such affidavits or other statements in writing or reports, documents or things as the Family Advocate may deem necessary.
(3)The Family Advocate shall submit his report and recommendation to the Registrar of the Supreme Court within 15 days after the completion of his enquiry or within such shorter period as may be determined by the court, and shall deliver or cause to be delivered to the plaintiff or defendant, or the applicant or respondent, as the case may be, copies of such report and recommendation.

6. Appointment by Family Advocate or Family Counsellor of persons to assist him with an enquiry for purposes of report or recommendation to court on welfare of minor or dependent children

The Family Advocate or Family Counsellor who institutes an enquiry in terms of section 4 of the Act may appoint a person or persons to assist him with such an enquiry.

7. Appointment of advisory committees

The Minister may appoint an advisory committee referred to in section 5(1)(e) of the Act at each division of the Supreme Court.

8. Application of these regulations

These regulations shall apply only in respect of a division of the Supreme Court at which a Family Advocate has been appointed under section 2 of the Act.

9. Title and commencement

These regulations shall be called the Mediation in Certain Divorce Matters Regulations, 1990, and shall come into operation on 8 October 1990.

Annexure A (Regulation 2 of the Mediation in Certain Divorce Matters Regulations, 1990)

Arrangements regarding dependent and minor children

[Editorial note: The forms have not been reproduced.]

Annexure B (Regulation 3 of the Mediation in Certain Divorce Matters Regulations, 1990)

Request to family advocate to institute an enquiry in terms of section 4 of the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987)

[Editorial note: The forms have not been reproduced.]

Annexure C (Regulation 4 of the Mediation in Certain Divorce Matters Regulations, 1990)

[Editorial note: The forms have not been reproduced.]
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History of this document

22 March 2005 amendment not yet applied
16 November 2001 amendment not yet applied
12 August 1996 amendment not yet applied
19 May 1993 amendment not yet applied
11 September 1992
Read this version
08 October 1990
Commenced

Note: See section 9

03 October 1990 this version

Cited documents 2

Legislation 2
1. Divorce Act, 1979 236 citations
2. Mediation in Certain Divorce Matters Act, 1987 69 citations

Documents citing this one 0