17/06/2026
Did you know?
Under South Africa’s Children’s Act 38 of 2005, children and communities have direct access to justice.
Section 53, 54 and 55 are not spoken about often, but within them, there is a wealth of knowledge.
These sections quietly empower children to be heard, represented, and protected. Turning rights into action.
Justice. Access. Protection.
That’s how we build a system where every child’s voice matters.
53. Who may approach court
(1) Except where otherwise provided in this Act, any person listed in this section may bring a matter which falls within the jurisdiction of a children’s court, to a clerk of the children’s court for referral to a children’s court.
(2) The persons who may approach a court, are—
(a) A child who is affected by or involved in the matter to be adjudicated;
(b) anyone acting in the interest of the child;
(c) anyone acting on behalf of a child who cannot act in his or her own name;
(d) anyone acting as a member of, or in the interest of, a group or class of children; and
(e) anyone acting in the public interest.
54. Legal representation
A person who is a party in a matter before a children’s court is entitled to appoint a legal practitioner of his or her own choice and at his or her own expense.
55. Legal representation of children
(1) Where a child involved in a matter before the children’s court is not represented by a legal representative, and the court is of the opinion that it would be in the best interests of the child to have legal representation, the court must refer the matter to Legal Aid South Africa referred to in section 2 of the Legal Aid South Africa Act, 2014.
(2) The Board must deal with a matter referred to in subsection (1) in accordance with section 3B of that Act, read with the changes required by the context.