| (a) |
authorising the issue of a warrant for the arrest of the respondent, in the prescribed form; and |
| (b) |
suspending the execution of such warrant subject to compliance with any prohibition, condition, obligation or order imposed in terms of section 7. |
[Section 8(1) substituted by section 14(a) 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]
| (2) |
The warrant referred to in subsection (1)(a) remains in force unless the protection order is set aside, or it is cancelled after execution. |
| (3) |
The clerk of the court must issue the complainant with a second or further warrant of arrest, if the complainant files an affidavit in the prescribed form in which it is stated that such warrant is required for her or his protection and that the existing warrant of arrest has been— |
| (a) |
executed and cancelled; or |
(4)
| (a) |
A complainant may hand the warrant of arrest together with an affidavit in the prescribed form, wherein it is stated that the respondent has contravened any prohibition, condition, obligation or order contained in a protection order, to any member of the South African Police Service. |
| (b) |
If it appears to the member concerned that, subject to subsection (5), there are reasonable grounds to suspect that the complainant is suffering or may suffer harm as a result of the alleged breach of the protection order by the respondent, the member must immediately arrest the respondent for allegedly committing the offence referred to in section 17(1)(a). |
| (c) |
If the member concerned is of the opinion that there are insufficient grounds for arresting the respondent in terms of paragraph (b), the member must immediately hand a written notice to the respondent which— |
| (i) |
specifies the name, the residential and work address and the occupation or status of the respondent; |
| (ii) |
calls upon the respondent to appear before a court, and on the date and at the time, specified in the notice, on a charge of committing the offence referred to in section 17(1)(a); and |
| (iii) |
contains a certificate signed by the member concerned to the effect that the member handed the original notice to the respondent and that the member explained the import thereof to the respondent. |
| (d) |
The member must immediately forward a duplicate original of a notice referred to in paragraph (c) to the clerk of the court concerned, and the mere production in the court of such a duplicate original is prima facie proof that the original thereof was handed to the respondent specified therein. |
[Section 8(4) substituted by section 14(b) 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]
| (5) |
In considering whether or not the complainant is suffering or may suffer harm, as contemplated in subsection (4)(b), the member of the South African Police Service must take into account— |
| (a) |
the risk to the safety, health or well-being of the complainant or related person or damage of their property; |
| (b) |
the seriousness of the conduct comprising an alleged breach of the protection order; |
| (c) |
the length of time since the alleged breach occurred; and |
| (d) |
the nature and extent of the harm previously suffered in the domestic relationship by the complainant or a related person. |
[Section 8(5) substituted by section 14(b) 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]
| (6) |
Whenever a warrant of arrest is handed to a member of the South African Police Service in terms of subsection (4)(a), the member must inform the complainant of their right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge. |
[Section 8(6) substituted by section 14(c) 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]
Basic Conditions of Employment Act, 1997
