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

Regulations

Domestic Violence Regulations, 2022

9. Documents and information to be captured in integrated electronic repository (section 4(7)(a))

 

(1) The clerk of the court must capture the following documents in the integrated electronic repository:
(a) Application and supporting affidavit as contemplated in section 4(7)(a) of the Act;
(b) application for safety monitoring notice contemplated in section 4A(9)(b) of the Act;
(c) safety monitoring notice contemplated in section 4A(9)(b) of the Act;
(d) return of service on the respondent as contemplated in section 4A(9)(b) of the Act;
(e) return of service on the station commander as contemplated in section 4A(9)(b) of the Act;
(f) interim protection order as contemplated in section 5(3)(c)(ii) of the Act;
(g) return of service on the respondent as contemplated in section 5(4)(c) of the Act;
(h) notice to show cause as contemplated in section 5(4)(c) of the Act;
(i) return of service of the notice to show cause on the respondent as contemplated in section 5(4)(c) of the Act;
(j) notice anticipating the return date as contemplated in section 5(5)(b) of the Act;
(k) return of service of application, any supporting affidavit, record of any evidence and interim protection order on the respondent as contemplated in section 5(7)(a) of the Act;
(l) return of service of interim protection order and warrant of arrest on the complainant as contemplated in section 5(8)(a) of the Act;
(m) final protection order as contemplated in section 6(6)(b)(i) of the Act;
(n) warrant of arrest as contemplated in section 6(6)(b)(ii) of the Act;
(o) return of service of final protection order on the respondent as contemplated in section 6(6)(b)(iii)(aa) of the Act;
(p) return of service of final protection order and warrant of arrest on the complainant as contemplated in section 6(6)(b)(iii)(bb) of the Act;
(q) notice of variation or setting aside of order as contemplated in section 10(2) of the Act and regulation 31(3);
(r) return of service of the notice of variation or setting aside of order on the respondent as contemplated in section 10(2) of the Act and regulation 31(3); and
(s) return of service of the notice of variation or setting aside of order on the complainant as contemplated in section 10(2) of the Act and regulation 31(3).

 

(2) The clerk of the court must, for the purpose of capturing any document required to be stored on the integrated electronic repository,—
(a) scan such document or, if a document is in an electronic format, convert that document into a portable document format or other format that enables such document to be captured in the integrated electronic repository;
(b) upload such document under the case number or unique reference number allocated to the matter concerned; and
(c) capture the relevant information relating to the uploaded documents, including—
(i) the names of the parties;
(ii) the identity numbers of the parties;
(iii) the dates of birth of the parties;
(iv) the names and particulars of legal practitioners of the parties; and
(v) the return date for the interim protection order.

 

(3) All documents referred to in this regulation must be uploaded on the integrated electronic repository as soon as possible after it has been submitted to or filed with the clerk of the court.