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

Regulations

Domestic Violence Regulations, 2022

3. Explanation of notice (section 2(c))

 

A member of the South African Police Service must, if it is reasonably possible to do so—

(a) explain to the complainant, or a person acting on behalf of the complainant,—
(i) that a member of the South African Police Service will render such assistance as circumstances may require, including assisting or making arrangements to find a suitable shelter and to obtain medical treatment;
(ii) their right to apply for a protection order to prohibit the respondent from committing further acts of domestic violence, even if no criminal complaint has been lodged, and the right to apply, simultaneously, for a domestic violence safety monitoring notice to ensure the complainant’s safety, health and well-being;
(iii) the complainant’s right to lodge a criminal complaint; and
(iv) the purpose of the notice;
(b) hand the notice referred to in regulation 2 to the complainant;
(c) read the notice to the complainant;
(d) direct the complainant to a website where the notice could be accessed;
(e) inquire from the complainant whether they—
(i) understand the contents of the notice; and
(ii) require further information regarding the remedies in terms of the Act and the right to lodge a criminal complaint;
(f) explain to the complainant, on request—
(i) any part of the notice which the complainant does not understand; and
(ii) their remedies in terms of the Act and the right to lodge a criminal complaint;
(g) inform the complainant that further information may be obtained from the clerk of the court, should questions of the complainant remain unanswered; and
(h) inform the complainant of the option of applying for a protection order and for a domestic violence safety monitoring notice online, and how the online portal may be accessed.