Mandating Procedures of Provinces Act, 2008
R 385
Domestic Violence Act, 1998 (Act No. 116 of 1998)RegulationsDomestic Violence Regulations, 20228. Manner in which clerk of court must inform complainant or person not represented by legal practitioner (section 4(2)) |
| (1) | The clerk of the court must, if the complainant is not represented by a legal practitioner, and before the complainant applies for a protection order— |
| (a) | hand to the complainant a written notice which contains the information provided for in Form 8 of the Annexure, which must be in one of the official languages of choice of the complainant; |
| (b) | read the notice or cause the notice to be read to the complainant, if they are unable to read the notice; |
| (c) | inquire from the complainant whether the complainant— |
| (i) | understands the contents of the notice; and |
| (ii) | require further information concerning the relief available in terms of the Act, and the right to lodge a criminal complaint; |
| (d) | on request of the complainant, further explain, to the best of the ability of clerk of the court— |
| (i) | any part of the notice which the complainant does not understand; and |
| (ii) | the relief available in terms of the Act and the right to lodge a criminal complaint; |
| (e) | inform the complainant of the requirement to confirm in writing that there has been compliance with section 4(2) of the Act and this regulation; and |
| (f) | the clerk of the court must scan and capture the confirmation on the ICMS, and file the said confirmation in the court file. |
(2)
| (a) | The information contained in Form 8 of the Annexure must be available on the online portal platform in all the official languages. |
| (b) | The complainant must confirm on the online portal that the notice was read and understood, if the online portal platform was used. |
| (3) | The provisions of this regulation will apply equally, with the necessary changes, to a person contemplated in section 4(3) of the Act. |
