| (1) |
A complainant, who shares a joint residence with the respondent, may— |
| (a) |
simultaneously with the application for a protection order in terms of section 4(1), or where the court has not issued an interim protection order, at any stage before the court issues a final protection order or discharges the matter in terms of section 6; or |
| (b) |
where an interim protection order contemplated in section 5(2), or a final protection order contemplated in section 6, is in force, |
in the prescribed form and manner apply to the court for the issuing of a domestic violence safety monitoring notice.
| (2) |
The application referred to in subsection (1) must be lodged— |
| (a) |
with the clerk of the court; or |
| (b) |
electronically, by submitting the application to an electronic address, |
of the court having jurisdiction.
| (3) |
Supporting affidavits by persons who have knowledge of the matter concerned may accompany the application. |
| (4) |
The clerk of the court must as soon as is reasonably possible submit an application referred to in subsection (2) to the court. |
| (5) |
The court must as soon as is reasonably possible consider an application submitted to it in terms of subsection (4) and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or evidence by affidavit, which must form part of the record of the proceedings. |
| (6) |
If the court is satisfied from information on oath or affirmation as set out in the application and such additional evidence contemplated in subsection (5), that— |
| (a) |
there are reasonable grounds for believing that the complainant and the respondent share a joint residence; and |
| (b) |
there are reasonable grounds to suspect that the respondent poses a threat to the complainant’s personal safety, |
the court may issue a domestic violence safety monitoring notice in the prescribed form.
| (7) |
A court may in terms of a domestic violence safety monitoring notice, order the station commander of a police station servicing the area where the complainant resides to direct a member of the South African Police Service under their command, for the period specified in the notice, and subject to any conditions specified in the notice, to do any or all of the following: |
| (a) |
To contact the complainant at regular intervals by means of an electronic service at an electronic address as specified in an Annexure to the notice and to enquire about the complainant’s well-being; |
| (b) |
at regular intervals, to visit the joint residence and to see and to communicate in private with the complainant; and |
| (c) |
where a member is prevented from seeing the complainant, to— |
| (i) |
enter the joint residence to see and to communicate in private with the complainant; and |
| (ii) |
overcome resistance against such entry by using as much force as is reasonably required by the circumstances, including breaking a door or window of the residence. |
| (8) |
The notice must be served on the station commander and the respondent, in the prescribed manner: Provided that the Annexure referred to in subsection (7)(a), may not be disclosed to the respondent. |
| (9) |
The clerk of the court must— |
| (a) |
in the prescribed form and manner— |
| (i) |
notify the complainant of the outcome of an application; |
| (ii) |
where the court has issued a domestic violence safety monitoring notice, upon service or upon receipt of a return of service of the notice on the respondent, notify the complainant thereof; and |
| (iii) |
forward a certified copy of the notice to the complainant; and |
| (b) |
capture the application referred to in subsection (2), the domestic violence safety monitoring notice issued in terms of subsection (6), the return of service of the notice on the respondent and the station commander in terms of subsection (8), and such other information as may be prescribed for purposes of this section, on the integrated electronic repository. |
| (10) |
For purposes of subsection (7)(b) and (c), a member must execute the notice in the prescribed manner. |
| (11) |
At the expiry of the period for which the notice was issued, a report containing the prescribed information must be filed with the clerk of the court in the prescribed manner by the station commander referred to in subsection (7) or their delegate. |
| (12) |
The National Commissioner of the South African Police Service in consultation with the Director-General must, in terms of section 18(3), issue national instructions as may be necessary for the purpose of giving effect to the provisions of this section by the South African Police Service. |
[Section 4A inserted by section 6 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]
Recognition of Customary Marriages Act, 1998
