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Table of Contents
Protection from Harassment Act, 2010 (Act No. 17 of 2010)
Introduction
Preamble
1. Definitions and Application of Act
2. Application for protection order
3. Consideration of application
4. Electronic communications
5. Court may order investigation
6. Powers of South African Police Service
7. Attendance of witnesses
8. Circumstances in which proceedings
9. Issuing of protection order
10. Court's powers of protection order
11. Warrant of arrest
12. Seizure of weapons
13. Variation of protection order
14. Jurisdiction
15. Service of documents
16. Costs
17. Appeal and review
18. Offences
19. Regulations
20. Policy directives
21. Amendment of section 102 of Act 60 of 2000
22. Amendment of Schedule 2 to Act 60 of 2000
23. Short title and commencement
Proclamations
Commencement of the Protection from Harassment Act, 2011 (Act No. 17 of 2011)
Notice No. R.9 of 2013
Regulations
Regulations in terms of the Protection from Harassment Act, 2011
Notice No. R. 274 of 2013
1. Definitions
2. Manner in which clerk of court must inform complainant or person
3. Manner of applying for protection order (Section 2(1))
4. Issuing of interim protection order and manner of service (Section 3(2) and (3))
5. Notice to show cause and manner of service of notice
6. Manner of service of interim protection order and warrant of arrest
7. Form of direction directing electronic communications service provider
8. Manner in which electronic communications service provider must furnish information
9. Application by electronic communications service provider for extension of period
10. Manner of requesting additional evidence by way of affidavit from electronic communications service provider
11. Form and manner of informing electronic communications service provider
12. Manner in which electronic communications service providers must bring change of particulars
13. Form of direction directing station commander to determine name and address
14. Form of affidavit by member of South African Police Service
15. Application by station commander for extension of period
16. Manner of requesting additional evidence by way of affidavit
17. Form and manner of informing station commander of outcome of application (Section 5(4)(d))
18. Form of affidavit by member of South African Police Service to provide information to court (Section 6(3)(b))
19. Subpoena of person as witness or to provide book, document or object (Section 7(1))
20. Form of final protection order and service (Section 9(1), (4) and (6))
21. Manner of forwarding protection order and warrant of arrest
22. Form of warrant of arrest (Section 11(1)(a))
23. Form of affidavit for further warrant of arrest (Section 11 (3))
24. Form of affidavit regarding contravention of protection order (Section 11(4)(a))
25. Form of written notice to respondent to appear before court (Section 11(4)(c))
26. Application for variation or setting aside of protection order (Section 13(1))
27. Notice of variation or setting aside of protection order (Section 13(3))
28. Service of documents
29. Service, filing or forwarding of documents by facsimile
30. Short title and commencement
Annexure
Annexure : Form 1 [Regulation 2]
Annexure : Form 2 [Regulation 3]
Annexure : Form 3 [Regulation 4]
Annexure : Form 4 [Regulation 5]
Annexure : Form 5 [Regulation 7]
Annexure : Form 6 [Regulation 8(3)]
Annexure : Form 7 [Regulation 9]
Annexure : Form 8 [Regulation 10(1)]
Annexure : Form 9 [Regulation 10(4)]
Annexure : Form 10 [Regulation 11]
Annexure : Form 11 [Regulation 13]
Annexure : Form 12 [Regulation 14]
Annexure : Form 13 [Regulation 15]
Annexure : Form 14 [Regulation 16(1)]
Annexure : Form 15 [Regulation 16(4)]
Annexure : Form 16 [Regulation 17]
Annexure : Form 17 [Regulation 18]
Annexure : Form 18 [Regulation 19]
Annexure : Form 19 [Regulation 20(1)]
Annexure : Form 20 [Regulation 22]
Annexure : Form 21 [Regulation 23]
Annexure : Form 22 [Regulation 24]
Annexure : Form 23 [Regulation 25]
Annexure : Form 24 [Regulation 26]
Annexure : Form 25 [Regulation 27]
Annexure : Form 26 [Regulation 29]
Tariff of Compensation Payable
Notice No. R. 275 of 2013
Directives in Terms of Section 20(3)
Notice No. R. 276 of 2013
1. Definitions
2. Compliance with the Act and Regulations
3. Availability of clerk of court to receive applications for protection orders
4. Assistance to be rendered by clerk of court to complainant
5. Assistance to be rendered by clerk of court to complainant
6. General duties of clerk of court on receipt of application for a protection order
7. Submission of application for protection order to court
8. Confidentiality of documents
9. Service and forwarding of documents by clerks of court
10. Disciplinary steps for failure to comply with directives
Notices
National Instruction 1/2013 : Protection from Harassment
Notice No. 688 of 2013
1. Background
2. Definitions
3. Keeping of documents and registers in the community service centre
4. Reporting of complaints of harassment to a member
5. Serving of a direction of court to an electronic communications service provider
6. Investigation to ascertain the name and address of the respondent as directed by a court
7. Investigation to determine the name and address of the respondent
8. Issuing of a protection order by the court
9. Seizure of any weapon in terms of a court order
10. Arresting a respondent who contravenes a protection order
11. Collection of personal property identified in the application for a protection order
12. Serving of a protection order issued by the court
13. Failure by a member to comply with the Act or this Instruction
Forms
SAPS 590 : Protection from Harassment Register
SAPS 590(a) : Affidavit by Station Commander to Furnish Information to Court
SAPS 590(b) : Affidavit by Member to Furnish Information to Court
SAPS 590(c) : Application by Station Commander for Extension of Time or Cancellation of Direction
SAPS 590(d) : Furnishing of Additional Information by Station Commander as Requested by Court
SAPS 590(e) : Written Notice to Appear in Court
prescribed
means prescribed in terms of a regulation made under
section 19
;
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