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Protection from Harassment Act, 2010 (Act No. 17 of 2010)

Regulations

Regulations in terms of the Protection from Harassment Act 2011

10. Manner of requesting additional evidence by way of affidavit from electronic communications service provider and form of affidavit by electronic communications service provider (Section 4(4)(b))

 

 

(1)        A request for additional evidence referred to in section 4(4)(b) of the Act must correspond substantially with Form 8 of the Annexure.

 

(2) The request must be served by the clerk of the court identified by the court on an electronic communications service provider in the manner prescribed by regulation 29.

 

(3) After the service of the request has been effected in terms of subregulation (2), the clerk of the court must file the documents contemplated in regulation 29(3) on the court file.

 

(4) On receipt of a request, the electronic communications service provider must furnish the requested evidence by way of an affidavit in a form which corresponds substantially with Form 9 of the Annexure, which must be filed with the clerk of the court in the manner prescribed by regulation 29.

 

(5)        The clerk of the court must on receipt of the requested additional evidence submit it to the magistrate for consideration.