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South Africa
Domestic Violence Act, 1998
Act 116 of 1998
- Published in Government Gazette 19537 on 2 December 1998
- Assented to on 20 November 1998
- Commenced on 15 December 1999 by Domestic Violence Act, 1998: Commencement
- [This is the version of this document from 3 April 2024.]
- [Amended by Judicial Matters Second Amendment Act, 2003 (Act 55 of 2003) on 31 March 2005]
- [Amended by Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008) on 9 August 2010]
- [Amended by Independent Police Investigative Directorate Act, 2011 (Act 1 of 2011) on 1 April 2012]
- [Amended by Domestic Violence Amendment Act, 2021 (Act 14 of 2021) on 28 January 2022]
- [Amended by Domestic Violence Amendment Act, 2021 (Act 14 of 2021) on 14 April 2023]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
1. Definitions and interpretation
2. Duty to assist and inform complainant of rights
Any member of the South African Police Service must, at the scene of an incident of domestic violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence is reported—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 residence 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
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
Any party to proceedings in terms of this Act may be represented by a legal representative.15. Orders as to costs of service and directions
16. Appeal and review
The provisions in respect of appeal and review contemplated in the Magistrates’ Courts Act, 1944, and the Superior Courts Act, 2013 (Act No. 10 of 2013), apply to any proceedings in terms of this Act.[section 16 substituted by section 21 of Act 14 of 2021]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
The laws mentioned in the Schedule are amended to the extent indicated in the third column of the Schedule.[section 20 substituted by section 27 of Act 14 of 2021]21. Repeal of laws and savings
22. Short title and commencement
This Act shall be called the Domestic Violence Act, 1998 (Act No. 133 of 1998) and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 this version
Amended by
Judicial Matters Amendment Act, 2023
14 April 2023
28 January 2022
01 April 2012
09 August 2010
31 March 2005
15 December 1999
Commenced by
Domestic Violence Act, 1998: Commencement
02 December 1998
20 November 1998
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Determination of value of weapon in terms of section 9(3) of the Act, 2023 | Government Notice R3283 of 2023 |
Directives in terms of section 18A of the Act, 2023 | Government Notice R3282 of 2023 |
Domestic Violence Regulations, 2023 | Government Notice R3289 of 2023 |
Tariffs of compensation payable to electronic communications service providers in terms of section 5B(9) of the Act, 2023 | Government Notice R3281 of 2023 |