Domestic Violence Act, 1998

This is the version of this Act as it was from 9 August 2010 to 31 March 2012. Read the latest available version.
Jurisdiction
South Africa
Citation
Act 116 of 1998
Date
Language
English
Type
Legislation
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South Africa

Domestic Violence Act, 1998

Act 116 of 1998

  1. [Amended by Judicial Matters Second Amendment Act, 2003 (Act 55 of 2003) on 31 March 2005]
  2. [Amended by Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008) on 9 August 2010]
(English text signed by the President)ACTTo provide for the issuing of protection orders with regard to domestic violence; and for matters connected therewith.
RECOGNISING that domestic violence is a serious social evil; that there is a high incidence of domestic violence within South African society; that victims of domestic violence are among the most vulnerable members of society; that domestic violence takes on many forms; that acts of domestic violence may be committed in a wide range of domestic relationships; and that the remedies currently available to the victims of domestic violence have proved to be ineffective;AND HAVING REGARD to the Constitution of South Africa, and in particular, the right to equality and to freedom and security of the person; and the international commitments and obligations of the State towards ending violence against women and children, including obligations under the United Nations Conventions on the Elimination of all Forms of Discrimination Agiainst Women and the Rights of the Child;IT IS THE PURPOSE of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide; and to introduce measures which seek to ensure that the relevant organs of state give full effect to the provisions of this Act, and thereby to convey that the State is committed to the elimination of domestic violence.BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

1. Definitions

In this Act unless the context indicates otherwise—"arm" means any arm as defined in section 1(1) or any armament as defined in section 32( 1) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969);"clerk of the court" means a clerk of the court appointed in terms of section 13 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and includes an assistant clerk of the court so appointed;"complainant" means any person who is or has been in a domestic relationship with a respondent and who is or has been subjected or allegedly subjected to an act of domestic violence, including any child in the care of the complainant;"court" means any magistrate's court for a district contemplated in the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);[definition of "court" substituted by section 10(2) of Act 31 of 2008]"damage to property" means the wilful damaging or destruction of property belonging to a complainant or in which the complainant has a vested interest;"dangerous weapon" means any weapon as defined in section 1 of the Dangerous Weapons Act, 1968 (Act No. 71 of 1968);"domestic relationship" means a relationship between a complainant and a respondent in any of the following ways:(a)they are or were married to each other, including marriage according to any law, custom or religion;(b)they (whether they are of the same or of the opposite sex) live or lived together in a relationship in the nature of marriage, although they are not, or were not, married to each other, or are not able to be married to each other;(c)they are the parents of a child or are persons who have or had parental responsibility for that child (whether or not at the same time);(d)they are family members related by consanguinity, affinity or adoption;(e)they are or were in an engagement, dating or customary relationship including an actual or perceived romantic, intimate or sexual relationship of any duration;(f)or they share or recently shared the same residence;"domestic violence" means—(a)physical abuse;(b)sexual abuse;(c)emotional, verbal and psychological abuse;(d)economic abuse;(e)intimidation;(f)harassment;(g)stalking;(h)damage to property;(i)entry into the complainant’s residence without consent, where the parties do not share the same residence; or(j)any other controlling or abusive behaviour towards a complainant, where such conduct harms, or may cause imminent harm to, the safety, health or wellbeing of the complainant;"economic abuse" includes—(a)the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence; or(b)the unreasonable disposal of household effects or other property in which the complainant has an interest;"emergency monetary relief" means compensation for monetary losses suffered by a complainant at the time of the issue of a protection order as a result of the domestic violaence, including—(a)loss of earnings;(b)medical and dental expenses;(c)relocation and accommodation expenses; or(d)household necessities;"emotional, verbal and psychological abuse" means a pattern of degrading or humiliating conduct towards a complainant, including—(a)repeated insults, ridicule or name calling;(b)repeated threats to cause emotional pain; or(c)the repeated exhibition of obsessive possessiveness or jealousy, which is such as to constitute a serious invasion of the complainant’s privacy, liberty, integrity or security;"harassment" means engaging in a pattern of conduct that induces the fear of harm to a complainant including—(a)repeatedly watching, or loitering outside of or near the building or place where the complainant resides, works, carries on business, studies or happens to be;(b)repeatedly making telephone calls or inducing another person to make telephone calls to the complainant, whether or not conversation ensues;(c)repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant;"intimidation" means uttering or conveying a threat, or causing a complainant to receive a threat, which induces fear;"member of the South African Police Service" means any member as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);"peace officer" means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"physical abuse" means any act or threatened act of physical violence towards a complainant;"protection order" means an order issued in terms of section 5 or 6 but, in section 6, excludes an interim protection order;"residence" includes institutions for children, the elderly and the disabled;"respondent" means any person who is or has been in a domestic relationship with a complainant and who has committed or allegedly committed an act of domestic violence against the complainant;"sexual abuse" means any conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the complainant;"sheriff" means a sheriff appointed in terms of section 2(1) of the Sheriffs Act, 1986 (Act No. 90 of 1986) or an acting sheriff appointed in terms of section 5(1) of the said Act;"stalking" means repeatedly following, pursuing, or accosting the complainant;"this Act" includes the regulations.

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—
(a)render such assistance to the complainant as may be required in the circumstances, including assisting or making arrangements for the complainant to find a suitable shelter and to obtain medical treatment;
(b)if it is reasonably possible to do so, hand a notice containing information as prescribed to the complainant in the official language of the complainant’s choice; and
(c)if it is reasonably possible to do so, explain to the complainant the content of such notice in the prescribed manner, including the remedies at his or her disposal in terms of this Act and the right to lodge a criminal complaint, if applicable.

3. Arrest by peace officer without warrant

A peace officer may without warrant arrest any respondent at the scene of an incident of domestic violence whom he or she reasonably suspects of having committed an offence containing an element of violence against a complainant.

4. Application for protection order

(1)Any complainant may in the prescribed manner apply to the court for a protection order.
(2)If the complainant is not represented by a legal representative, the clerk of the court must inform the complainant, in the prescribed manner—
(a)of the relief available in terms of this Act; and
(b)of the right to also lodge a criminal complaint against the respondent, if a criminal offence has been committed by the respondent.
(3)Notwithstanding the provisions of any other law, the application may be brought on behalf of the complainant by any other person, including a counsellor, health service provider, member of the South African Police Service, social worker or teacher, who has a material interest in the wellbeing of the complainant: Provided that the application must be brought with the written consent of the complainant, except in circumstances where the complainant is—
(a)a minor;
(b)mentally retarded;
(c)unconscious; or
(d)a person whom the court is satisfied is unable to provide the required consent.
(4)Notwithstanding the provisions of any other law, any minor, or any person on behalf of a minor, may apply to the court for a protection order without the assistance of a parent, guardian or any other person.
(5)The application referred to in subsection (1) may be brought outside ordinary court hours or on a day which is not an ordinary court day, if the court is satisfied that the complainant may suffer undue hardship if the application is not dealt with immediately.
(6)Supporting affidavits by persons who have knowledge of the matter concerned may accompany the application.
(7)The application and affidavits must be lodged with the clerk of the court who shall forthwith submit the application and affidavits to the court.

5. Consideration of application and issuing of interim protection order

(1)The court must as soon as is reasonably possible consider an application submitted to it in terms of section 4(7) and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or evidence by affidavit, which shall form part of the record of the proceedings.
(1A)Where circumstances permit and where a Family Advocate is available, a court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), when considering an application contemplated in subsection (1), cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that court is, with regard to the welfare of any minor or dependent child affected by the proceedings in question, whereupon the provisions of that Act apply with the changes required by context.[subsection (1A) inserted by section 19 of Act 55 of 2003]
(2)If the court is satisfied that there is prima facie evidence that—
(a)the respondent is committing, or has committed an act of domestic violence; and
(b)undue hardship may be suffered by the complainant as a result of such domestic violence if a protection order is not issued immediately,
the court must, notwithstanding the fact that the respondent has not been given notice of the proceedings contemplated in subsection (1), issue an interim protection order against the respondent, in the prescribed manner.
(3)
(a)An interim protection order must be served on the respondent in the prescribed manner and must call upon the respondent to show cause on the return date specified in the order why a protection order should not be issued.
(b)A copy of the application referred to in section 4(1) and the record of any evidence noted in terms of subsection (1) must be served on the respondent together with the interim protection order.
(4)If the court does not issue an interim protection order in terms of subsection (2), the court must direct the clerk of the court to cause certified copies of the application concerned and any supporting affidavits to be served on the respondent in the prescribed manner, together with a prescribed notice calling on the respondent to show cause on the return date specified in the notice wlhy a protection order should not be issued.
(5)The return dates referred to in subsections (3)(a) and (4) may not be less than 10 days after service has been effected upon the respondent: Provided that the return date referred to in subsection (3)(a) may be anticipated by the respondent upon not less than 24 hours’ written notice to the complainant and the court.
(6)An interim protection order shall have no force and effect until it has been served on the respondent.
(7)Upon service or upon receipt of a return of service of an interim protection order, the clerk of the court must forthwith cause—
(a)a certified copy of the interim protection order; and
(b)the original warrant of arrest contemplated in section 8(1)(a),
to be served on the complainant.

6. Issuing of protection order

(1)If the respondent does not appear on a return date contemplated in section 5(3) or (4), and if the court is satisfied that—
(a)proper service has been effected on the respondent; and
(b)the application contains prima facie evidence that the respondent has committed or is committing an act of domestic violence,
the court must issue a protection order in the prescribed form.
(2)If the respondent appears on the return date in order to oppose the issuing of a protection order, the court must proceed to hear the matter and—
(a)consider any evidence previously received in terms of section 5(1); and
(b)consider such further affidavits or oral evidence as it may direct, which shall form part of the record of the proceedings.
(3)The court may, on its own accord or on the request of the complainant, if it is of the opinion that it is just or desirable to do so, order that in the examination of witnesses, including the complainant, a respondent who is not represented by a legal representative—
(a)is not entitled to cross-examine directly a person who is in a domestic relationship with the respondent; and
(b)shall put any question to such a witness by stating the question to the court,
and the court is to repeat the question accurately to the respondent.
(4)The court must, after a hearing as contemplated in subsection (2), issue a protection order in the prescribed form if it finds, on a balance of probabilities, that the respondent has committed or is committing an act of domestic violence.
(5)Upon the issuing of a protection order the clerk of the court must forthwith in the prescribed manner cause—
(a)the original of such order to be served on the respondent; and
(b)a certified copy of such order, and the original warrant of arrest contemplated in section 8(1)(a), to be served on the complainant.
(6)The clerk of the court must forthwith in the prescribed manner forward certified copies of any protection order and of the warrant of arrest contemplated in section 8(1)(a) to the police station of the complainant’s choice.
(7)Subject to the provisions of section 7(7), a protection order issued in terms of this section remains in force until it is set aside, and the execution of such order shall not be automatically suspended upon the noting of an appeal.

7. Court’s powers in respect of protection order

(1)The court may, by means of a protection order referred to in section 5 or 6, prohibit the respondent from—
(a)committing any act of domestic violence;
(b)enlisting the help of another person to commit any such act;
(c)entering a residence shared by the complainant and the respondent: Provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant;
(d)entering a specified part of such a shared residence;
(e)entering the complainant’s residence;
(f)entering the complainant’s place of employment;
(g)preventing the complainant who ordinarily lives or lived in a shared residence as contemplated in subparagraph (c) from entering or remaining in the shared residence or a specified part of the shared residence; or
(h)committing any other act as specified in the protection order.
(2)The court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety, health or wellbeing of the complainant, including an order—
(a)to seize any arm or dangerous weapon in the possession or under the control of the respondent, as contemplated in section 9; and
(b)that a peace officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property.
(3)In ordering a prohibition contemplated in subsection 1(c), the court may impose on the respondent obligations as to the discharge of rent or mortgage payments having regard to the financial needs and resources of the complainant and the respondent.
(4)The court may order the respondent to pay emergency monetary relief having regard to the financial needs and resources of the complainant and the respondent, and such order has the effect of a civil judgment of a magistrate’s court.
(5)
(a)The physical address of the complainant must be omitted from the protection order, unless the nature of the terms of the order necessitates the inclusion of such address.
(b)The court may issue any directions to ensure that the complainant’s physical address is not disclosed in any manner which may endanger the safety, health or wellbeing of the complainant.
(6)If the court is satisfied that it is in the best interests of any child it may—
(a)refuse the respondent contact with such child; or
(b)order contact with such child on such conditions as it may consider appropriate.
(7)
(a)The court may not refuse—
(i)to issue a protection order; or
(ii)to impose any condition or make any order which it is competent to impose or make under this section,
merely on the grounds that other legal remedies are available to the complainant.
(b)If the court is of the opinion that any provision of a protection order deals with a matter that should, in the interests of justice, be dealt with further in terms of any other relevant law, including the Maintenance Act, 1998, the court must order that such a provision shall be in force for such limited period as the court determines, in order to afford the party concerned the opportunity to seek appropriate relief in terms of such law.

8. Warrant of arrest upon issuing of protection order

(1)Whenever a court issues a protection order, the court must make an order—
(a)authorising the issue of a warrant for the arrest of the respondent, in the prescribed form; and
(b)suspending the execution of such warrant subject to compliance with any prohibition, condition, obligation or order imposed in terms of section 7.
(2)The warrant referred to in subsection (1)(a) remains in force unless the protection order is set aside, or it is cancelled after execution.
(3)The clerk of the court must issue the complainant with a second or further warrant of arrest, if the complainant files an affidavit in the prescribed form in which it is stated that such warrant is required for her or his protection and that the existing warrant of arrest has been—
(a)executed and cancelled; or
(b)lost or destroyed.
(4)
(a)A complainant may hand the warrant of arrest together with an affidavit in the prescribed form, wherein it is stated that the respondent has contravened any prohibition, condition, obligation or order contained in a protection order, to any member of the South African Police Service.
(b)If it appears to the member concerned that, subject to subsection (5), there are reasonable grounds to suspect that the complainant may suffer imminent harm as a result of the alleged breach of the protection order by the respondent, the member must forthwith arrest the respondent for allegedly committing the offence referred to in section 17(a).
(c)If the member concerned is of the opinion that there are insufficient grounds for arresting the respondent in terms of paragraph (b), he or she must forthwith hand a written notice to the respondent which—
(i)specifies the name, the residential address and the occupation or status of the respondent;
(ii)calls upon the respondent to appear before a court, and on the date and at the time, specified in the notice, on a charge of committing the offence referred to in section 17(a); and
(iii)contains a certificate signed by the member concerned to the effect that he or she handed the original notice to the respondent and that he or she explained the import thereof to the respondent.
(d)The member must forthwith forward a duplicate original of a notice referred to in paragraph (c) to the clerk of the court concerned, and the mere production in the court of such a duplicate original shall be prima facie proof that the original thereof was handed to the respondent specified therein.
(5)In considering whether or not the complainant may suffer imminent harm, as contemplated in subsection (4)(b), the member of the South African Police Service must take into account—
(a)the risk to the safety, health or wellbeing of the complainant;
(b)the seriousness of the conduct comprising an alleged breach of the protection order; and
(c)the length of time since the alleged breach occurred.
(6)Whenever a warrant of arrest is handed to a member of the South African Police Service in terms of subsection (4)(a), the member must inform the complainant of his or her right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge.

9. Seizure of arms and dangerous weapons

(1)The court must order a member of the South African Police Service to seize any arm or dangerous weapon in the possession or under the control of a respondent, if the court is satisfied on the evidence placed before it, including any affidavits supporting an application referred to in section 4(1), that—
(a)the respondent has threatened or expressed the intention to kill or injure himself or herself, or any person in a domestic relationship, whether or not by means of such arm or dangerous weapon; or
(b)possession of such arm or dangerous weapon is not in the best interests of the respondent or any other person in a domestic relationship, as a result of the respondent’s—
(i)state of mind or mental condition;
(ii)inclination to violence; or
(iii)use of or dependence on intoxicating liquor or drugs.
(2)Any arm seized in terms of subsection (1) must be handed over to the holder of an office in the South African Police Service as contemplated in section 11(2)(b) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), and the court must direct the clerk of the court to refer a copy of the record of the evidence concerned to the National Commissioner of the South African Police Service for consideration in terms of section 11 of the Arms and Ammunition Act, 1969.
(3)Any dangerous weapon seized in terms of subsection (1)—
(a)must be given a distinctive identification mark and retained in police custody for such period of time as the court may determine; and
(b)shall only be returned to the respondent or, if the respondent is not the owner of the dangerous weapon, to the owner thereof, by order of the court and on such conditions as the court may determine:
Provided that—
(i)if, in the opinion of the court, the value of the dangerous weapon so seized is below R200; or
(ii)if the return of the dangerous weapon has not been ordered within 12 months after it had been so seized; or
(iii)if the court is satisfied that it is in the interest of the safety of any person concerned,
the court may order that the dangerous weapon be forfeited to the State.

10. Variation or setting aside of protection order

(1)A complainant or a respondent may, upon written notice to the other party and the court concerned, apply for the variation or setting aside of a protection order referred to in section 6 in the prescribed manner.
(2)If the court is satisfied that good cause has been shown for the variation or setting aside of the protection order, it may issue an order to this effect: Provided that the court shall not grant such an application to the complainant unless it is satisfied that the application is made freely and voluntarily.
(3)The clerk of the court must forward a notice as prescribed to the complainant and the respondent if the protection order is varied or set aside as contemplated in subsection (1).

11. Attendance of proceedings and prohibition of publication of certain information

(1)
(a)No person may be present during any proceedings in terms of this Act except—
(a)officers of the court;
(b)the parties to the proceedings;
(c)any person bringing an application on behalf of the complainant in terms of section 4(3);
(d)any legal representative representing any party to the proceedings;
(e)witnesses;
(f)not more than three persons for the purpose of providing support to the complainant;
(g)not more than three persons for the purpose of providing support to the respondent; and
(h)any other person whom the court permits to be present:
Provided that the court may, if it is satisfied that it is in the interests of justice, exclude any person from attending any part of the proceedings.
(b)Nothing in this subsection limits any other power of the court to hear proceedings in camera or to exclude any person from attending such proceedings.
(2)
(a)No person shall publish in any manner any information which might, directly or indirectly, reveal the identity of any party to the proceedings.
(b)The court, if it is satisfied that it is in the interests of justice, may direct that any further information relating to proceedings held in terms of this Act shall not be published: Provided that no direction in terms of this subsection applies in respect of the publication of a bona fide law report which does not mention the names or reveal the identities of the parties to the proceedings or of any witness at such proceedings.

12. Jurisdiction

(1)Any court within the area in which—
(a)the complainant permanently or temporarily resides, carries on business or is employed;
(b)the respondent resides, carries on business or is employed; or
(c)the cause of action arose, has jurisdiction to grant a protection order as contemplated in this Act.
(2)No specific minimum period is required in relation to subsection (1)(a).
(3)A protection order is enforceable throughout the Republic.

13. Service of documents

(1)Service of any document in terms of this Act must forthwith be effected in the prescribed manner by the clerk of the court, the sheriff or a peace officer, or as the court may direct.
(2)The regulations contemplated in section 19 must make provision for financial assistance by the State to a complainant or a respondent who does not have the means to pay the fees of any service in terms of this Act.

14. Legal representation

Any party to proceedings in terms of this Act may be represented by a legal representative.

15. Costs

The court may only make an order as to costs against any party if it is satisfied that such party has acted frivolously, vexatiously or unreasonably.

16. Appeal and review

The provisions in respect of appeal and review contemplated in the Magistrate’s Courts Act, 1944 (Act No. 32 of 1944), and the Supreme Court Act, 1959 (Act No. 59 of 1959), apply to any proceedings in terms of this Act.

17. Offences

Notwithstanding the provisions of any other law, any person who—
(a)contravenes any prohibition, condition, obligation or order imposed in terms of section 7;
(b)contravenes the provisions of section 11(2)(a);
(c)fails to comply with any direction in terms of the provisions of section 11(2)(b) ; or
(d)in an affidavit referred to section 8(4)(a), wilfully makes a false statement in a material respect,
is guilty of an offence and liable on conviction in the case of an offence referred to in paragraph (a) to a fine or imprisonment for a period not exceeding five years or to both such fine and such imprisonment, and in the case of an offence contemplated in paragraph (b), (c), or (d), to a fine or imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

18. Application of Act by prosecuting authority and members of South African Police Service

(1)No prosecutor shall—
(a)refuse to institute a prosecution; or
(b)withdraw a charge,
in respect of a contravention of section 17(a), unless he or she has been authorised thereto, whether in general or in any specific case, by a Director of Public Prosecutions as contemplated in section 13(l)(a) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), or a senior member of the prosecuting authority designated thereto in writing by such a Director.
(2)The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998, in consultation with the Minister of Justice and after consultation with the Directors of Public Prosecutions, must determine prosecution policy and issue policy directives regarding any offence arising from an incident of domestic violence.
(3)The National Commissioner of the South African Police Service must issue national instructions as contemplated in section 25 of the South African Police Service Act, 1995 (Act No. 68 of 1995), with which its members must comply in the execution of their functions in terms of this Act, and any instructions so issued must be published in the Gazette.
(4)
(a)Failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the national instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service.
(b)Unless the Independent Complaints Directorate directs otherwise in any specific case, the South African Police Service must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation referred to in paragraph (a).
(5)
(a)The National Director of Public Prosecutions must submit any prosecution policy and policy directives determined or issued in terms of subsection (2) to Parliament, and the first policy and directives so determined or issued, must be submitted to Parliament within six months of the commencement of this Act.
(b)The National Commissioner of the South African Police Service must submit any national instructions issued in terms of subsection (3) to Parliament, and the first instructions so issued, must be submitted to Parliament within six months of the commencement of this Act.
(c)The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), and setting out the recommendations made in respect of such matters.
(d)The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding—
(i)the number and particulars of complaints received against its members in respect of any failure contemplated in subsection (4)(a);
(ii)the disciplinary proceedings instituted as a result thereof and the decisions which emanated from such proceedings; and
(iii)steps taken as a result of recommendations made by the Independent Complaints Directorate.

19. Regulations

(1)The Minister of Justice may make regulations regarding—
(a)any form required to be prescribed in terms of this Act;
(b)any matter required to be prescribed in terms of this Act; and
(c)any other matter which the Minister deems necessary or expedient to be prescribed in order to achieve the objects of this Act.
(2)Any regulation made under subsection (1)—
(a)must be submitted to Parliament prior to publication thereof in the Gazette;
(b)which may result in expenditure for the State, must be made in consultation with the Minister of Finance; and
(c)may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.

20. Amendment of section 40 of Act 51 of 1977, as amended by section 41 of Act 129 of 1993 and section 4 of Act 18 of 1996

Section 40 of the Criminal Procedure Act 977 (Act 51 of 1977) is hereby amended by the addition in subsection (1) of the following paragraph:"(q) who is reasonably suspected of having committed an act of domestic violence as contemplated in section (1) of the Domestic Violence Act, 1998 (Act No. 133 of 1998) which constitutes an offence in respect of which violence is an element.".

21. Repeal of laws and savings

(1)Sections 1, 2, 3, 6 and 7 of the Prevention of Family Violence Act, 1993 (Act 45 of 1993), are hereby repealed.
(2)Any application made, proceedings instituted or interdict granted in terms of the Act referred to in subsection (1) shall be deemed to have been made, instituted or granted in terms of this Act.

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.
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History of this document

14 April 2023 amendment not yet applied
28 January 2022
Read this version
01 April 2012
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09 August 2010 this version
31 March 2005
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15 December 1999
02 December 1998
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20 November 1998
Assented to

Cited documents 9

Legislation 9
  1. Air Traffic and Navigation Services Company Act, 1993
  2. Constitution of the Republic of South Africa, 1996
  3. Criminal Procedure Act, 1977
  4. General Law Third Amendment Act, 1993
  5. Justice Laws Rationalisation Act, 1996
  6. Magistrates' Courts Act, 1944
  7. Mediation in Certain Divorce Matters Act, 1987
  8. National Prosecuting Authority Act, 1998
  9. Sheriffs Act, 1986

Documents citing this one 52

Gazette 39
  1. South Africa Government Gazette Regulation Gazette dated 1999-09-13 number 20469
  2. South Africa Government Gazette Regulation Gazette dated 1999-11-05 number 20601
  3. South Africa Government Gazette Regulation Gazette dated 2004-03-26 number 26156 part 1
  4. South Africa Government Gazette Regulation Gazette dated 2005-03-22 number 27406
  5. South Africa Government Gazette Regulation Gazette dated 2013-04-12 number 36357
  6. South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
  7. South Africa Government Gazette Regulation Gazette dated 2020-05-04 number 43268
  8. South Africa Government Gazette Regulation Gazette dated 2021-08-06 number 44936
  9. South Africa Government Gazette dated 1999-12-30 number 20778
  10. South Africa Government Gazette dated 2001-02-23 number 22100
  11. South Africa Government Gazette dated 2002-01-25 number 23051
  12. South Africa Government Gazette dated 2002-08-30 number 23805
  13. South Africa Government Gazette dated 2004-01-08 number 25893
  14. South Africa Government Gazette dated 2004-03-31 number 26206
  15. South Africa Government Gazette dated 2005-06-22 number 27703
  16. South Africa Government Gazette dated 2005-11-04 number 28169
  17. South Africa Government Gazette dated 2006-07-19 number 28048
  18. South Africa Government Gazette dated 2007-11-02 number 30408
  19. South Africa Government Gazette dated 2008-08-15 number 31330
  20. South Africa Government Gazette dated 2008-11-05 number 31579
  21. South Africa Government Gazette dated 2009-07-24 number 32433
  22. South Africa Government Gazette dated 2011-05-16 number 34299
  23. South Africa Government Gazette dated 2011-09-20 number 34622
  24. South Africa Government Gazette dated 2011-10-19 number 34692
  25. South Africa Government Gazette dated 2011-12-05 number 34818
  26. South Africa Government Gazette dated 2013-04-12 number 36369
  27. South Africa Government Gazette dated 2014-02-20 number 37353
  28. South Africa Government Gazette dated 2015-03-30 number 38622
  29. South Africa Government Gazette dated 2015-08-28 number 39131
  30. South Africa Government Gazette dated 2018-07-19 number 41783
  31. South Africa Government Gazette dated 2020-05-08 number 43298
  32. South Africa Government Gazette dated 2020-06-02 number 43383
  33. South Africa Government Gazette dated 2020-08-07 number 43595
  34. South Africa Government Gazette dated 2021-06-18 number 44724 part 1
  35. South Africa Government Gazette dated 2021-07-02 number 44799 part 1
  36. South Africa Government Gazette dated 2022-01-28 number 45822
  37. South Africa Government Gazette dated 2023-09-27 number 49372
  38. South Africa Government Gazette dated 2023-11-10 number 49658
  39. South Africa Government Gazette dated 2023-11-17 number 49720 part 1
Judgment 2
  1. Maphosa v Minister of Police (10505/18) [2022] ZAGPJHC 471 (26 July 2022)
  2. S v Mkhonza (AR 357/2008) [2009] ZAKZPHC 9 (24 March 2009)
Legislation 11
  1. Children's Act, 2005
  2. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
  3. Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Adjusted Alert Level 3)
  4. Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Alert Level 3)
  5. Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Alert Level 4)
  6. Domestic Violence Regulations, 2023
  7. Firearms Control Act, 2000
  8. Firearms Control Regulations, 2004
  9. Legal Aid of South Africa Regulations, 2017
  10. Older Persons Act, 2006
  11. Protection from Harassment Act, 2011