| 1) |
Seizure of arms and dangerous weapons in terms of a court order |
| a) |
The court may, in. terms of section 7(2)(a) of the Domestic Violence Act, order a member to seize any arm or dangerous weapon in the possession or under the control of a respondent. |
| b) |
Any such firearm seized must be handed in at the police station to be dealt with in accordance with section 11 of the Arms and Ammunition Act, 1969. |
| c) |
Any dangerous weapon seized must be handed in at the police station and a SAPS 13 tag must be attached to such weapon and the weapon must be retained in police custody for such period of time as the court may determine and may only be returned to the respondent or, if the respondent is not the owner of the dangerous weapon, to the owner thereof, by order of court and on such conditions as the court may determine. |
| d) |
The normal procedures, as set out in Standing Orders 332-336, and which are applicable to exhibits or lost or stolen property must be followed, bearing in mind the provisions of section 9(3) of the Act which provides that such dangerous weapon may only be disposed of in accordance with an order of court. |
| 2) |
Arresting a person with a warrant who contravenes a protection order |
| a) |
Where a respondent has contravened any prohibition, condition, obligation or order contained in a protection order, a complainant may hand the warrant of arrest together with an affidavit, wherein it is stated that the respondent contravened such protection order, to any member. |
| b) |
If, upon receipt of the warrant of arrest together with the affidavit, referred to in subparagraph (a) (above), it appears to the member that there are reasonable grounds to suspect that the complainant may suffer imminent harm as a result of the alleged breach of the protection order, the member must arrest the respondent for contravening the protection order on the strength of the warrant. |
| c) |
In considering whether or not the complainant may suffer imminent harm, a member must take the following into account: |
| i) |
the risk to the safety, health or well-being of the complainant; |
| ii) |
the seriousness of the conduct comprising the alleged breach of the protection order; and |
| iii) |
the length of time since the alleged breach has occurred: |
Provided that if the respondent is under the influence of liquor to such an extent that a Notice (referred to in subparagraph (d)(below)) cannot be handed to him or her, the respondent must be arrested.
| d) |
If the member is of the opinion that there are insufficient grounds to arrest the respondent, he or she must immediately hand a Notice to the respondent as provided for in Form 11 to the Regulations. The member must insert the first court day thereafter as date of appearance on the form and complete the certificate, provided for in the Notice. The member must put the duplicate original of this Notice in the docket which is opened for the contravention. This docket must be taken to court on the first court day thereafter. |
| e) |
Whenever a warrant of arrest is handed to a member of the Service as contemplated in subparagraph (a) (above), the member must inform the complainant of his or her right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge. |
A member may be ordered by the court to serve an interim or final protection order. If a member is ordered to serve an interim protection order, the member must serve the order without delay as it only becomes binding on the respondent once the order has been served on him or her. As long as an interim protection order remains unserved, the complainant may be in danger. A final protection order becomes binding immediately upon it being issued even though it may not have been served.
| 4) |
Accompanying complainant to collect personal property |
| a) |
The court may in a protection order, order a peace officer (which includes any member) to accompany the complainant to a specified place to assist with arrangements regarding the collection of the personal property specified in the order. It is important to note that the purpose of accompanying the complainant is to ensure the safety of such complainant and not to involve the member in any dispute regarding the ownership of such personal property. Such member must take reasonable steps to ensure the safety of the complainant during the collection of the property. |
| b) |
The complainant and the member may enter the premises mentioned in the protection order in order to collect the personal property of the complainant as stipulated in the protection order. Before entering a private dwelling, the complainant and the member must however audibly demand admission and must notify the occupant of the purpose for which they seek to enter the dwelling. |
| c) |
If, after having audibly demanded admission to a private dwelling, consent to enter is refused by the respondent, he or she contravenes the protection order and is therefore guilty of contempt of court. In such a case, the member may use such force as may be reasonably necessary in the circumstances to overcome any resistance against entry, including the breaking open of any door or window of such premises and enter the premises and arrest the respondent, whereafter the complainant may collect the said personal belongings. |
| d) |
If a member is approached by a complainant to accompany him or her and it is not possible to do so immediately, the member must, if no other peace officer is available to accompany the complainant, arrange a reasonable time when it will be suitable to do so. |
| e) |
If a peace officer accompanies a complainant in accordance with a protection order to collect his or her personal property, the peace officer must ensure the safety of the complainant while he or she removes the property specified in such protection order. |
South African Institute for Drug Free Sport Act, 1997
