(1) Whenever under this Act an order is made against the putative father for payments in respect of a child, the magistrate may at the time of making such order, or the magistrate of any district to whom application is made may from time to time thereafter, on being satisfied that the mother of the child is not a fit and proper person to have custody of such child, appoint some person other than the mother to have custody of such child if such person is willing.
When the mother dies, or becomes of unsound mind, or is in prison, the magistrate of any district to whom application is made shall appoint some person, who is willing, to have custody of the child.
(2) The appointment of a custodian under the provisions of the preceding subsection may be made on the application of any social welfare officer, or of the putative father, or of the mother when she is alive, or of any person having the lawful custody of the child, and such appointment may be revoked and another person appointed to have custody of the child.
(3) A custodian shall have power to make application for the recovery of all payments in arrears or becoming due under an order made under section 5, in the same manner as the mother of the child might have done.
(4) Upon any order of appointment or of revocation being made under this section, the magistrate may also order the child to be delivered by any person to the person appointed to have the custody thereof as aforesaid.
(5) A magistrate may also on the application of the putative father of a child under the age of 18 years or of any social welfare officer make an order that the custody of such child be committed to the father.
(Amended by Act 15 of 1990)