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Table of Contents
Domestic Violence Act, 1998 (Act No. 116 of 1998)
Notice No. 1551 of 1998
Act
Preamble
1. Definitions and interpretation
2. Duty to assist and inform complainant of rights
2A. Obligations of functionaries relating to domestic violence
2B. Obligation to report domestic violence and to provide information
3. Arrest by peace officer without warrant and assistance to complainant
3A. Entering of private dwelling for purposes of obtaining evidence
4. Application for protection order
4A. Domestic violence safety monitoring notice
5. Consideration of application and issuing of interim protection order
5A. Attendance of witnesses
5B. Electronic communications service provider to furnish particulars to court
5C. Existing and reciprocal orders or applications
6. Issuing of final protection order
6A. Integrated electronic repository for domestic violence protection orders
7. Court's powers in respect of protection order
8. Warrant of arrest upon issuing of protection order
9. Seizure of weapons
10. Variation or setting aside of protection order
11. Attendance of proceedings and prohibition of publication of certain information
12. Jurisdiction
13. Service of documents
14. Legal representation
15. Orders as to costs of service and directions
16. Appeal and review
17. Offences
18. Application of Act by prosecuting authority and members of South African Police Service
18A. Directives for clerks of court
18B. Directives by Departments of Health, Social Development, Basic Education, Higher Education and Training and Communications and Digital Technologies
19. Regulations
19A. Period within which directives and regulations must be submitted to Parliament
20. Amendment of Laws
21. Repeal of laws and savings
22. Short title and commencement
Regulations
[Repealed] Domestic Violence Regulations, 1999
Regulations under the Domestic Violence Act
1. Definitions
2. Notice containing information
3. Explanation of notice
4. Manner of application for protection order
5. Information to be given by clerk of the court
6. Issuing of interim protection order
7. Notice to show cause
8. Issuing of protection order
9. Issuing of warrant of arrest
10. Affidavit for further warrant of arrest
11. Affidavit regarding contravention of protection order
12. Written notice to respondent to appear before court
13. Application for variation or setting aside of protection order
14. Notice of variation or setting aside of protection order
15. Service of documents
16. Short title
Domestic Violence Regulations, 2022
Notice No. R. 3289 of 2023
1. Definitions and interpretation
2. Notice containing information (section 2(b))
3. Explanation of notice (section 2(c))
4. Submission of report and risk assessment by functionary (section 2A(2)(a))
5. Reporting of knowledge, belief or suspicion of acts of domestic violence (section 2B(2)(a))
6. List of particulars and notice (section 3(3)(b))
7. Manner of applying for protection order (section 4(1))
8. Manner in which clerk of court must inform complainant or person not represented by legal practitioner (section 4(2))
9. Documents and information to be captured in integrated electronic repository (section 4(7)(a))
10. Domestic violence safety monitoring notice (section 4A(1)(a))
11. Issuing of interim protection order and manner of service (section 5(2) and (3))
12. Notice to show cause and manner of service of notice, application and supporting affidavits (section 5(4)(a) and (b))
13. Manner of service of interim protection order and warrant of arrest on complainant (section 5(7))
14. Subpoena of person as witness or to provide book, document or object (section 5A(1))
15. Form of direction directing electronic communications service provider to furnish information to court and manner of service (section 5B(1)(b))
16. Manner in which electronic communications service provider must furnish information to court and form of affidavit to furnish particulars to court (section 5B(1)(b))
17. Application by electronic communications service provider for extension of period within which information must be provided to court or cancellation of direction and form of affidavit (section 5B(3)(b))
18. Manner of requesting additional evidence from electronic communications service provider and form of affidavit by electronic communications service provider (section 5B(4)(b))
19. Form and manner of informing electronic communications service provider of outcome of application (section 5B(4)(d))
20. Order to remove or disable access to electronic communication, affidavit and court order for variation (section 5B(6))
21. Manner in which electronic communications service providers must bring change of particulars to attention of Director-General: Communication and Digital Technologies and list of electronic communications service providers (section 5B(8)(c))
22. Refund of tariff paid to electronic communications service provider by State (section 5B(10)(d))
23. Issuing of final protection order (section 6(1))
24. Form and manner of notifying parties of extended date of hearing (section 6(2A) and (2B)(b))
25. Issuing of warrant of arrest (section 8(1)(a))
26. Affidavit for second or further warrant of arrest (section 8(3))
27. Affidavit regarding contravention of protection order (section 8(4)(a))
28. Written notice to respondent to appear before court (section 8(4)(c))
29. Form and manner of informing station commander and National Commissioner of South African Police Service of final protection order (section 9(4)(a))
30. Application for variation or setting aside of protection order (section 10(1)(a))
31. Notice of variation or setting aside of protection order (section 10(3))
32. Service and filing of documents (section 13)
33. Appeals and reviews (section 16)
34. Financial assistance (section 19(1)(b))
35. Granting of legal aid (section 19(1)(c))
36. Repeal and transitional provisions
37. Short title and commencement
Annexures and Forms
Notices
Tariffs of Compensation in terms of Section 5B(9) of the Act, payable to Electronic Communications Service Providers
Notice No. R. 3281 of 2023
Directives in terms of Section 18A of the Act
Notice No. R. 3282 of 2023
1. Definitions
2. Compliance with Act and Regulations
3. Availability of supervisor and clerk of court to receive applications for protection orders after-hours
4. Assistance to be rendered by clerk of court to complainant or person who applies for protection order and who is not represented by a legal representative
5. Assistance to be rendered by clerk of court to complainant or person not represented by a legal practitioner in completion of application for protection order
6. General duties of clerk of court on receipt of application for a protection order
7. Confidentiality of documents
8. Service and forwarding of documents by clerks of court
9. Disciplinary steps for failure to comply with directives
Determination of Value of Weapon in terms of Section 9(3) of the Act
Notice No. R. 3283 of 2023
Proclamations
Commencement of the Domestic Violence Amendment Act, 2021
Proclamation No. R. 117 of 2023
National Instruction 7/1999
Notice No. 1550 of 1999
1. Background
2. Definitions
3. Responsibilities of station commissioner
4. Receiving complaints of domestic violence: responsibility of Community Service Centre
5. Responsibility of a member
6. Securing a scene of domestic violence
7. Duty to render general assistance to the complainant
8. Duty to assist the complainant to find suitable shelter
9. Duty to assist the complainant to obtain medical treatment
10. Provide complainant with Notice and explain content to complainant
11. Specific powers and duties of members in terms of the Domestic Violence Act
12. Keeping of records relating to incidents of domestic violence
13. Complaints regarding non-compliance by members and notification of such non-complian
14. Keeping of record of complaints against members
peace officer
means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
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