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Domestic Violence Act, 1998 (Act No. 116 of 1998)

Domestic Violence National Instruction 7/1999

8. Duty to assist the complainant to find suitable shelter

 

1) In terms of the Domestic Violence Act, a member must assist the complainant to find suitable shelter or make arrangements for the complainant to find suitable shelter.

 

2) To comply with this duty, a member must comply with any station orders issued in this regard, as provided for in paragraph 3(6) (above), and must at least -
a) provide the complainant with the names, contact numbers and/or addresses of any organisation in the area which may be able to provide suitable shelter and relevant support and/or counselling services;
b) at the request of the complainant and where it is reasonably possible to do so, contact on behalf of the complainant an organisation which may render relevant assistance to the complainant; and
c) at the request of the complainant, assist in arranging transport for the complainant to a suitable shelter or an organisation that may be able to render relevant support and/or counselling (e.g. by contacting the family or friends of the complainant with a request to transport the complainant, arranging for a taxi at the expense of either the complainant or a willing family member or friend, etc.). A member may, only as a last resort, transport a complainant in a police vehicle to find a suitable shelter if such a vehicle is available and there is no other means of transport. In such an event the complainant must be informed that he or she is being transported at his or her own risk.

 

3) Any assistance rendered to the complainant in terms of subparagraphs (1) and (2) must –
a) if it is rendered at the Community Service Centre, be recorded in the Occurrence Book; or
b) if it is rendered at another place, be recorded in the Pocket Book (SAPS 206) of the member rendering the assistance.