Public Service Commission Act, 1997
R 385
Protection from Harassment Act, 2010 (Act No. 17 of 2010)5. Court may order investigation to ascertain name and address of respondent |
| 1) | If an application for a protection order is made in terms of section 2 and the court is satisfied in terms of section 3(2) that a protection order must be issued as a result of the harassment of the complainant or a related person and the identity or address of the respondent is not known, the court may- |
| a) | adjourn the proceedings to any time and date on the terms and conditions which the court deems appropriate; and |
| b) | issue a direction in the prescribed form directing the station commander of the relevant police station to investigate the matter with a view to determining the name and address of the respondent or obtaining any other information which may be required in order to identify or trace the respondent. |
| 2) | If the court issues a direction in terms of subsection (1) the court must direct that the direction be served on the station commander of the relevant police station in the prescribed manner by the clerk of the court or the sheriff identified by the court. |
| 3) |
| a) | The information referred to in subsection (1)(b) must be provided to the court by means of an affidavit in the prescribed form within the time period indicated by the court; |
| b) | a station commander on which a direction is served, may, in the prescribed manner by means of an affidavit in the prescribed form, apply to the court for- |
| i) | an extension of the period referred to in paragraph (a) on the grounds that the information cannot be provided timeously; or |
| ii) | the cancellation of the direction on the grounds that, after a reasonable investigation of the matter, the South African Police Service is not in a position to determine the name and address of the respondent or obtain any other information which is required in order to identify or trace the respondent. |
| 4) | After receipt of an application in terms of subsection (3)(b), the court- |
| a) | must consider the application; |
| b) | may, in the prescribed manner, request such additional evidence by way of affidavit from the station commander as it deems fit; |
| c) | must give a decision in respect thereof; and |
| d) | must inform the station commander, in the prescribed form and in the prescribed manner, of the outcome of the application. |
| 5) | The court may, on receipt of an affidavit in terms of subsection (3)(a) which contains the information provided for in subsection (1)(b), consider the issuing of an interim protection order in terms of section 3(2) against the respondent on the date to which the proceedings have been adjourned. |
