Cap. 569 Art. 13Composition of the court.

(1) The Court of Magistrates shall have jurisdiction to try and determine all causes in terms of this Act.

(2) In the proceedings before it, the Court of Magistrates shall be assisted by two assistants, appointed in terms of this article, whom the Court of Magistrates shall consult in any case for its decision: Provided that the Court of Magistrates may in extraordinary circumstances dispense with consulting the two assistants.

(3) The consultation shall take place with closed doors, unless it appears to the Court of Magistrates that the ends of justice require the consultation to take place in open court. The court shall not be bound to abide by the opinion of the assistants:

Provided that where the Court of Magistrates does not abide by the opinion of the assistants, a record of this fact, together with the reasons therefor, shall be made in the acts of the proceedings.

(4) The two assistants shall be appointed by the Minister responsible for Justice, following a public call for applications, from amongst persons having a minimum of five years of professional experience in child care, child welfare, child development, child protection, child law or child psychology: Provided that the Minister responsible for Justice may, at any time, appoint more than two persons as assistants of the Court of Magistrates but only two such persons shall assist the Court of Magistrates in any one case:

Provided further that where, at any time, there are more than two assistants, the Court of Magistrates shall retain, as far as possible, the same composition as established at the beginning of the first sitting of the Court of Magistrates.

(5) A person appointed as assistant of the Court of Magistrates shall, at the beginning of the first sitting of the court after his appointment, take in open court an oath to discharge his functions faithfully, impartially and in accordance with this Act.

(6) The assistants of the Court of Magistrates may abstain or be challenged for the same reasons and on the same grounds as, according to law, a magistrate may abstain or be challenged. Any question regarding any cause of abstention or challenge shall be decided by the Magistrate.

(7) The office of an assistant of the court shall become vacant:

(a) at the expiration of five years from the date of his appointment; or

(b) if he is removed from office by the Minister responsible for Justice on the ground that he is unfit to continue in office or has become incapable of, or is not, properly