| 1) |
In order to ensure that a complainant is informed of his or her rights as well as the remedies at his or her disposal in terms of the Domestic Violence Act, the member must, where reasonably possible to do so, hand to the complainant a copy of the Notice as provided for in the Domestic Violence Act (Form 1 to the Regulations in terms of the Act) in the official language of the complainants choice. |
| 2) |
The remedies at the disposal of a complainant in terms of the Domestic Violence Act, are as follows: |
| a) |
the right to lay a criminal charge; |
| b) |
the right to apply for a protection order; or |
| c) |
the right to lay a criminal charge as well as apply for a protection order. |
It is important to inform the complainant that laying a criminal charge is not a prerequisite for applying for a protection order.
| 3) |
As the Notice must be provided to the complainant in the official language of his or her choice, the member must ascertain what language the complainant understands. |
| 4) |
Once a member has determined what language the complainant understands, the following steps must be taken: |
| a) |
If the language is one of the official languages of the Republic, the member must – |
| i) |
if the member can speak and understand that language, hand a copy of the Notice to the complainant in that language and explain the contents thereof to the complainant; |
| ii) |
if he or she cannot speak and understand that language and - |
| aa) |
someone is available who can speak and understand that language, request such person to explain the contents of the Notice to the complainant in that language; or |
| bb) |
if no one is available who can speak and understand that language, take all reasonable steps to find someone who can speak and understand that language. If such a person is found, paragraph (aa) must be complied with. |
For the purpose of this paragraph, use must be made of the different translations of the Notice into the official languages of the Republic.
| b) |
If the language is not one of the official languages of the Republic the member must - |
| i) |
if he or she can communicate in that language, convey the contents of the Notice to the complainant in that language; |
| ii) |
if he or she cannot communicate in that language and - |
| aa) |
someone is available who can communicate in that language, request such person to convey the contents of the Notice to the complainant in that language; or |
| bb) |
if no one is available who can communicate in that language, take all reasonable steps to find someone who can communicate in that language. If such a person is found, paragraph (aa) must be complied with. |
| c) |
Any steps taken in terms of subparagraphs (a)(ii)(bb) or (b)(ii)(bb) must |
| i) |
if they are taken at the Community Service Centre, be recorded in the Occurrence Book; or |
| ii) |
if they are taken at another place, be recorded in the Pocket Book (SAPS 206) of the member taking the steps. |
| 5) |
The member must request the complainant to sign in the Occurrence Book or in his or her Pocket Book, whichever may be applicable, at the relevant entry referred to in subparagraph (4)(c). By so doing, the complainant acknowledges that he or she has been informed of his or her rights and remedies in terms of the Domestic Violence Act and that he or she understands the contents thereof. |
| 6) |
If the complainant refuses to sign in the Occurrence Book or in the Pocket Book or is unable to do so, a third person, who witnessed the rights and remedies being explained to the complainant, must be requested to sign in the Occurrence Book or Pocket Book to certify that he or she has witnessed this and that the complainant refused to sign in the Occurrence Book or Pocket Book, whichever may be applicable. |
Implementation of Geneva Conventions Act, 2012
