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

Regulations

Domestic Violence Regulations, 1999

5. Information to be given by clerk of the court

 

1) For purposes of section 4(2) of the Act, the clerk of the court must, if the complainant is not represented by a legal representative –
a) hand to the complainant a written notice which contains the information provided for in Form 3 of the Annexure, which must, if reasonably possible, be in the official language of the complainant’s choice;
b) read the notice or cause the notice to be read to the complainant, if the complainant is unable to read the notice;
c) inquire from the complainant whether he or she –
i) understands the contents of the notice; and
ii) requires further information concerning the relief available in terms of the Act and the right to lodge a criminal complaint; and
d) on request of the complainant, further explain, to the best of his or her ability –
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.

 

 


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