(1)
| (a) |
Any complainant may, on an ex parte basis, in the prescribed form and manner, apply to the court for a protection order. |
(b)
| (i) |
Subject to subparagraph (ii), the application referred to in paragraph (a) must be lodged— |
| (aa) |
with the clerk of the court; or |
| (bb) |
electronically, by submitting the application to an electronic address, |
of the court having jurisdiction.
| (ii) |
In the case of an urgent application outside ordinary court hours or on a day which is not an ordinary court day, the application may, subject to any direction of the court, be submitted directly to the court. |
| (2) |
If the complainant or a person referred to in subsection (3) is not represented by a legal representative, the clerk of the court must inform the complainant or person, in the prescribed manner of— |
| (a) |
the relief available in terms of this Act; and |
| (b) |
the right to also lodge a criminal complaint against the respondent, if a criminal offence has been committed by the respondent. |
(3)
| (a) |
Notwithstanding the provisions of any other law, the application for a protection order may, subject to paragraph (b), be brought on behalf of the complainant by a functionary or another person who has a material interest in the well-being of the complainant. |
| (b) |
An application referred to in paragraph (a) must be brought with the written consent of the complainant, except in circumstances where the complainant is— |
| (i) |
a child and the court considers the application to be in the best interests of that child; or |
| (ii) |
a person who, in the opinion of the court, is unable to provide the required consent. |
| (4) |
Notwithstanding the provisions of any other law, any child, or any person on behalf of a child, may apply to the court for a protection order without the consent or assistance of a parent, guardian or any other person. |
| (5) |
The application referred to in subsection (1) may be considered by the court, outside ordinary court hours or on a day which is not an ordinary court day, if the court is satisfied, from information provided in the application, that a reasonable belief exists, that the complainant is suffering or may suffer harm, if the application is not dealt with immediately. |
| (6) |
Supporting affidavits by persons who have knowledge of the matter concerned may accompany the application. |
(7)
| (a) |
The clerk of the court must capture all applications referred to in subsection (1)(b), any supporting affidavit and such other information as may be prescribed in the integrated electronic repository. |
| (b) |
The clerk of the court must immediately submit an application referred to in subsection (1)(b)(i) and supporting affidavits to the court. |
[Section 4 substituted by section 7 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]
Housing Development Agency Act, 2008
