| (a) |
refuse to institute a prosecution; or |
in respect of a contravention of section 17(1)(a) or in respect of any offence against a person in a domestic relationship—
| (i) |
involving the infliction of grievous bodily harm or a dangerous wound against the complainant or a related person; or |
| (ii) |
where the complainant or a related person is threatened with a weapon, |
unless authorised thereto, whether in general or in any specific case, by a Director of Public Prosecutions as contemplated in section 13(1)(a) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), or a senior member of the prosecuting authority designated thereto in writing by such a Director.
[Section 18(1) substituted by section 23(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 National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998, in consultation with the Minister and after consultation with the Directors of Public Prosecutions, must determine prosecution policy and issue policy directives regarding any offence arising from an incident of domestic violence. |
[Section 18(2) substituted by section 23(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]
| (3) |
The National Commissioner of the South African Police Service must issue national instructions as contemplated in section 25 of the South African Police Service Act, 1995 (Act No. 68 of 1995), with which its members must comply in the execution of their functions in terms of this Act, and any instructions so issued must be published in the Gazette. |
| (a) |
Failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the national instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995, and the Secretariat, established in terms of section 4(1) of the Civilian Secretariat for Police Service Act, 2010, must forthwith be informed of any such failure reported to the South African Police Service. |
| (b) |
Unless the Secretariat directs otherwise in any specific case, the South African Police Service must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation referred to in paragraph (a). |
| (a) |
The National Director of Public Prosecutions must submit any prosecution policy and policy directives determined or issued in terms of subsection (3) to Parliament, and the first policy and directives so determined or issued, must be submitted to Parliament within six months of the commencement of this Act. |
| (b) |
The National Commissioner of the South African Police Service must submit any national instructions issued in terms of subsection (3) to Parliament, and the first instructions so issued, must be submitted to Parliament within six months of the commencement of this Act. |
| (c) |
The Secretariat must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), and setting out the recommendations made in respect of such matters. |
| (d) |
The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding– |
| (i) |
the number and particulars of complaints received against its members in respect of any failure contemplated in subsection (4)(a); |
| (ii) |
the disciplinary proceedings instituted as a result thereof and the decisions which emanated from such proceedings; and |
| (iii) |
steps taken as a result of recommendations made by the Secretariat. |
Public Service Commission Act, 1997
