Domestic Violence Act, 1998

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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]
  3. [Amended by Independent Police Investigative Directorate Act, 2011 (Act 1 of 2011) on 1 April 2012]
  4. [Amended by Domestic Violence Amendment Act, 2021 (Act 14 of 2021) on 28 January 2022]
  5. [Amended by Domestic Violence Amendment Act, 2021 (Act 14 of 2021) on 14 April 2023]
(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 and interpretation

(1)In this Act unless the context indicates otherwise—"capture" means to store documents in the—(a)manner; and(b)format,in the integrated electronic repository, as may be provided for in the directives contemplated in section 6A(3)(i);"care giver" means any person older than 18 years who, in relation to a child, a person with a disability or an older person, takes responsibility for meeting the daily needs of, or is in substantial contact with, such person;"child" means a person under the age of 18 years;"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;"close relationship" means a relationship between the complainant and any other person, which the court, with regard to the following criteria:(a)The degree of trust between the persons;(b)the level of each person’s dependence on, and commitment to, the other person;(c)length of time the relationship has existed;(d)frequency of contact between the persons; or(e)the degree of intimacy between the persons,may consider as a close relationship of a person with the complainant;"coercive behaviour" means to compel or force a complainant to abstain from doing anything that they have a lawful right to do, or to do anything that they have a lawful right to abstain from doing;"communication", referred to in the definition of "harassment", means anything that is used to impart information or ideas, and includes a letter, text, photo, video recording and audio recordings, but excludes an electronic communication;"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;"controlling behaviour" means behaviour towards a complainant that has the effect of making the complainant dependent on, or subservient to the respondent and includes—(a)isolating them from sources of support;(b)exploiting their resources or capacities for personal gain;(c)depriving them of the means needed for independence, resistance or escape; or(d)regulating their everyday behaviour;"court" means any magistrate's court for a district contemplated in the Magistrates’ Courts Act, 1944;"damage to property" means—(a)the wilful damaging or destruction of property; or(b)threats to damage or destroy property,belonging to, or which is in the possession or under the control of, the complainant, or in which the complainant has a vested interest;"disclose by means of an electronic communications service" means to—(a)send an electronic communication to a person who is the intended recipient of the electronic communication or any other person;(b)store an electronic communication on an electronic communications network, where the electronic communication can be viewed, copied or downloaded; or(c)send or otherwise make available to a person, a link to an electronic communication that has been stored on an electronic communications network, where the electronic communication can be viewed, copied or downloaded;"Director-General" means the Director-General: Justice and Constitutional Development;"disability" means a moderate to severe limitation of a person’s ability to function or perform daily activities as a result of a physical, sensory, communication, intellectual, mental or psychological impairment;"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; or(f)they are persons in a close relationship that share or shared the same residence;"domestic violence" means—(a)physical abuse;(b)sexual abuse;(c)emotional, verbal or psychological abuse;(d)economic abuse;(e)intimidation;(f)harassment;(fA)sexual harassment;(fB)related person abuse;(g)spiritual abuse;(h)damage to property;(hA)elder abuse;(hB)coercive behaviour;(hC)controlling behaviour;(hD)to expose a child to domestic violence;(i)entry into the complainant’s—(i)permanent or temporary residence without their consent, where the parties do not share the same residence; or(ii)workplace or place of study, without their consent, where the parties do not share the same workplace or place of study; or(j)any other behaviour of an intimidating, threatening, abusive, degrading, offensive or humiliating nature towards a complainant,where such conduct harms, or inspires the reasonable belief that harm may be caused to the complainant;"economic abuse" includes—(a)the deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including education expenses, household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence or accommodation;(b)the disposal of household effects or other property in which the complainant has an interest without the complainant’s permission;(c)the use of financial resources of a complainant, without the complainant’s permission; or(d)the coercing of the complainant to—(i)relinquish control over assets or income; or(ii)sign a legal document that would enable the complainant’s finances to be managed by another person;"educator" means any person, including a person who is appointed to exclusively perform extracurricular duties, who teaches, educates or trains other persons or who provides professional educational services, including professional therapy and education psychological services, at all public and independent schools as defined in the South African Schools Act, 1996 (Act No. 84 of 1996), all public and private colleges and all public and private further education and training institutions established, declared or registered in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), and all public and private higher education institutions defined in the Higher Education Act, 1997 (Act No. 101 of 1997);"elder abuse" means abuse of an older person as contemplated in section 30(2) of the Older Persons Act, 2006 (Act No. 13 of 2006), occurring within a domestic relationship;"electronic communication" means electronic representations of information in any form, and includes without limitation voice, sound, data, text, video, animation, visual images, moving images and pictures that are real, simulated or manipulated, or a combination or part thereof, that are disclosed by means of an electronic communications service;"electronic communications identity number" means a technical identification label which represents the origin or destination of electronic communication;"electronic communications network" means an "electronic communications network" as defined in section 1 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), and includes a computer system;"electronic communications service" means any service which consists wholly or mainly of the conveyance by any means of electronic communication over an electronic communication network, but excludes broadcasting services, as defined in section 1 of the Electronic Communications Act, 2005;"electronic communications service provider" means an entity or a person who is licensed or exempted from being licensed in terms of Chapter 3 of the Electronic Communications Act, 2005, to provide an electronic communications service;"emergency monetary relief" means—(a)compensation for monetary losses suffered by a complainant before or at the time of the issue of a protection order as a result of the domestic violence, including—(i)loss of earnings;(ii)medical, optical, dental and related expenses;(iii)relocation and accommodation expenses;(iv)expenses for acquiring household necessities;(v)education expenses;(vi)transportation costs; or(vii)expenses in respect of psychosocial services and counselling; and(b)maintenance of any child, person with a disability or older person in the care of the complainant, to whom the respondent has a duty of care, pending finalisation of maintenance proceedings in terms of the Maintenance Act, 1998 (Act No. 99 of 1998);"emotional, verbal or psychological abuse" means degrading, manipulating, threatening, offensive, intimidating or humiliating conduct towards a complainant that causes mental or psychological harm to a complainant,including—(a)insults, ridicule or name calling;(b)threats to cause emotional pain;(c)the exhibition of obsessive possessiveness or jealousy, which constitutes a serious invasion of the complainant’s privacy, liberty, integrity or security;(d)the wilful damaging or destruction of any property in close vicinity of a complainant;(e)to harm or threaten to harm a household pet or other animal, whose welfare affects a complainant’s well-being;(f)to disclose or threaten to disclose a complainant’s sexual orientation or other private information concerning a complainant, to others without the complainant’s consent;(g)to threaten the complainant with the death or injury of another person or damage of another person’s property; or(h)threats to commit suicide or self-harm;"expose a child to domestic violence" means to intentionally cause a child to—(a)see or hear domestic violence; or(b)experience the effects of domestic violence;"functionary" means—(a)a medical practitioner, health care personnel, a social worker, an official in the employ of a public health establishment, an educator or a care giver; and(b)any other person designated in terms of section 2A(1);"harassment" means —(a)the unreasonable—(i)following, watching, stalking, pursuing or accosting of the complainant or a related person; or(ii)loitering outside of or near the building or place where the complainant or a related person resides, works, carries on business, studies or happens to be, which inspires the belief in the complainant that they or a related person may be harmed or their property may be damaged;(b)to repeatedly contact the complainant by means of an electronic communications service, irrespective whether or not—(i)a conversation ensues; or(ii)any information is conveyed to the complainant;(c)the repeated sending or delivering of packages, communications or other objects to the complainant, or leaving them where they may be found by, given to, or brought to the attention of, the complainant;(d)the unauthorised access to a complainant’s communication or electronic communication;(e)the monitoring or tracking of the complainant’s movements, activities or interpersonal associations without the complainant’s consent, including, for example, by using technology;(f)to enter any part of the joint residence that is exclusively used by the complainant or other property of the complainant, without the complainant’s permission;(g)to unreasonably interfere with any property that is exclusively used by or is in the possession of the complainant;(h)to disclose an electronic communication to the complainant, or cause the complainant to receive a communication, which—(i)is abusive, degrading, offensive or humiliating;(ii)violates or offends the sexual integrity or dignity of a complainant; or(iii)inspires the belief in the complainant that they or a related person may be harmed or their property may be damaged; or(i)to disclose an electronic communication, or to make a communication available, to another person concerning a complainant, which—(i)contains information of a private nature;(ii)violates or offends the sexual integrity or dignity of a complainant;(iii)is abusive, degrading, offensive or humiliating; or(iv)inspires the belief in the complainant that they or a related person may be harmed or their property may be damaged;"health care personnel" means health care personnel as defined in section 1 of the National Health Act, 2003 (Act No. 61 of 2003), and who belongs to any category or class of health care personnel designated, as a functionary in terms of a directive contemplated in section 18B;"integrated electronic repository" means the integrated electronic repository for domestic violence protection orders, established in terms of section 6A;"intimidation" means—(a)physical violence, or damage to property belonging, to a complainant or any other person;(b)threats of physical violence, or damage to property belonging, to a complainant or any other person;(c)to deprive the complainant or any other person of their liberty or threatening to do so; or(d)conveying a threat, or causing a complainant to receive a threat, which induces fear of physical violence, or damage to property belonging to a complainant or any other person through electronic communication,where such conduct is intended to compel a complainant to abstain from doing anything that they have a lawful right to do, or to do anything that they have a lawful right to abstain from doing;"medical practitioner" means a person registered as a medical practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974);"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);"Minister" means the Cabinet member responsible for the administration of justice;"official in the employ of a public health establishment" means a person who—(a)is in the employ of a public health establishment as defined in section 1 of the National Health Act, 2003 (Act No. 61 of 2003); and(b)belongs to any category or class of persons designated by the Director-General: Health in terms of a directive contemplated in section 18B, as a functionary;"peace officer" means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);"physical abuse" includes—(a)physical violence or threats of physical violence towards a complainant;(b)to deprive the complainant of their liberty or threatening to do so;(c)to administer, attempt to administer or threaten to administer—(i)any drug as defined in section 1(1) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992);(ii)any Scheduled substance as defined in section 1(1) of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965), that affects or may affect a complainant’s judgement or decision-making abilities or is harmful to the health or wellbeing of the complainant; or(iii)any chemical or other substance that is harmful to the health or wellbeing of the complainant,to a complainant without the complainant’s consent; or(d)withholding or threatening to withhold a complainant’s medication;"prescribed" means prescribed in terms of a regulation made under section 19;"protection order" means an order issued in terms of section 5 or 6 but, in section 6, excludes an interim protection order;"related person" means any member of the family or household of a complainant, or a person in a close relationship with the complainant;"related person abuse" means to—(a)threaten the complainant with causing of physical violence to, or the damage of property of, a related person;(b)threaten a related person with physical violence or causing damage to the property of, such a person;(c)threaten a related person with causing of physical violence to, or the damage of property of, a complainant; or(d)commit an act of physical violence against or cause damage to property of a related person,where such actions can in the circumstances be regarded to cause harm to the complainant;"residence" means any part of any structure, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or other place, that is used as a place of residence by a natural person, irrespective whether or not other persons also occupy that structure;"respondent" means any person who is or has been in a domestic relationship with a complainant and who—(a)has committed or allegedly committed; or(b)has used or allegedly used a third party actor to commit or allegedly to commit,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, irrespective of whether or not such conduct constitutes a sexual offence as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);"sexual harassment" means any—(a)unwelcome sexual attention from a respondent who knows or ought reasonably to know that such attention is unwelcome;(b)unwelcome explicit or implicit behaviour, suggestions, gestures, remarks made, communications sent or delivered, or electronic communications disclosed, to the complainant—(i)of a sexual nature; or(ii)regarding the complainant’s or related person’s sexual orientation, gender or gender expression,by a respondent, that has the effect of offending, intimidating or humiliating the complainant;(c)implied or expressed promise of reward made to the complainant if they comply with a sexually oriented request; or(d)implied or expressed threat of reprisal made to, or actual reprisal against, the complainant for refusal to comply with a sexually oriented request;"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;"social worker" means a person registered as a social worker in terms of section 17 of the Social Service Professions Act, 1978 (Act No. 110 of 1978);"spiritual abuse" means—(a)advocating hatred against the complainant because of their religious or spiritual beliefs, that constitutes incitement to cause harm to the complainant;(b)preventing the complainant from exercising their constitutional right to freedom of conscience, religion, thought, belief and opinion, including to give external manifestation to their religious or spiritual convictions and beliefs; or(c)manipulating the complainant’s religious or spiritual convictions and beliefs to justify or rationalise abusing the complainant;"third party actor" means any person—(a)who is not or has not been in a domestic relationship with a complainant;(b)who conspired with, was procured by, or used by, the respondent to commit an act of domestic violence against the complainant; and(c)who—(i)committed or allegedly committed an act of domestic violence against the complainant; or(ii)aided or allegedly aided the respondent in the commission of an act of domestic violence against the complainant;"this Act" includes the regulations; and"weapon" means—(a)any airgun, ammunition, imitation firearm, muzzle loading firearm, firearm or handgun as defined in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000); or(b)any object, other than that which is referred to in paragraph (a), which is likely to inflict grievous bodily harm or a dangerous wound, if it were used to commit an assault.
(2)
(a)This Act does not prevent a complainant from applying for relief in terms of the Protection from Harassment Act, 2011 (Act No. 17 of 2011), where a third party actor committed an act which, if committed by a respondent would amount to domestic violence against the complainant, and which constitutes harassment in terms of that Act.
(b)A complainant may simultaneously with an application for a protection order in terms of section 4, also apply for the relief referred to in paragraph (a) against a third party actor.
(c)A respondent who uses a third party actor to commit an act of domestic violence against a complainant, is for purposes of this Act regarded as having committed such act of domestic violence, personally.
[section 1 amended by section 10(2) of Act 31 of 2008 and substituted by section 2 of Act 14 of 2021]

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 their disposal in terms of this Act and the right to lodge a criminal complaint, if applicable.[paragraph (c) substituted by section 3 of Act 14 of 2021]

2A. Obligations of functionaries relating to domestic violence

(1)The Minister may, by notice in the Gazette, designate any other person—
(a)belonging to a class or category of persons; or
(b)who is in the employ of any class or category of entities, as a functionary.
(2)A functionary, who in the course of the performance of their duties or the exercise of their functions obtains information which, after evaluation by them, causes them to believe or suspect on reasonable grounds, that a child, a person with a disability or an older person, may be a complainant as contemplated in section 1—
(a)must without delay—
(i)complete a report in the prescribed form setting out the reasons for such belief or suspicion; and
(ii)in the prescribed manner submit the report to—
(aa)a social worker; or
(bb)a member of the South African Police Service;
(b)must conduct a risk assessment as contemplated in section 18B; and
(c)may, after the evaluation of the risk assessment referred to in paragraph (b), provide or refer the complainant for further services as contemplated in section 18B.
(3)A functionary referred to in subsection (2)—
(a)who makes the report, referred to in subsection (2)(a), in good faith, is not liable to civil, criminal or disciplinary action on the basis of the report, despite any law, policy or code of conduct prohibiting the disclosure of personal information; and
(b)is entitled to have their identity kept confidential, unless the interests of justice require otherwise.
[section 2A inserted by section 4 of Act 14 of 2021]

2B. Obligation to report domestic violence and to provide information

(1)In circumstances, other than those contemplated in section 2A(2), an adult person who knows, or believes or suspects on reasonable grounds, that an act of domestic violence has been committed against a child, a person with a disability or an older person, must report such knowledge, belief or suspicion as soon as possible, to a social worker or the South African Police Service.
(2)The report referred to in subsection (1) must—
(a)be made in the prescribed form;
(b)set out the reasons for such knowledge, belief or suspicion; and
(c)in the prescribed manner be submitted to a social worker or a member of the South African Police Service.
(3)A person referred to in subsection (1)—
(a)who makes the report in good faith, is not liable to civil, criminal or disciplinary action on the basis of the report, despite any law, policy or code of conduct prohibiting the disclosure of personal information; and
(b)is entitled to have their identity kept confidential, unless the interests of justice require otherwise.
(4)A person who fails to comply with subsection (1), is guilty of an offence.
[section 2B inserted by section 4 of Act 14 of 2021]

3. Arrest by peace officer without warrant and assistance to complainant

(1)A peace officer who attends the scene of an incident of domestic violence, may without a warrant, arrest any respondent who such peace officer reasonably suspects of having committed an act of domestic violence which constitutes an offence in terms of any law.
(2)A peace officer must, without a warrant, arrest any respondent at the scene of an incident of domestic violence who they on reasonable grounds believe of having committed an act of domestic violence which constitutes an offence containing an element of violence against a complainant.
(3)A peace officer contemplated in subsection (1) or (2), who is not a member of the South African Police Service, who responds to an incident of domestic violence, must—
(a)where necessary, make arrangements for the complainant to obtain medical attention;
(b)where a protection order has not been issued against the respondent, or where there is no pending application for a protection order against that respondent—
(i)provide the complainant with a prescribed list containing the names and contact particulars of accessible shelters and public health establishments;
(ii)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;
(iii)if it is reasonably possible to do so, explain to the complainant the content of such notice, including the remedies at the complainant’s disposal in terms of this Act and the right to lodge a criminal complaint, if applicable; and
(c)provide such further assistance as contemplated in section 18B.
[section 3 substituted by section 5 of Act 14 of 2021]

3A. Entering of private residence for purposes of obtaining evidence

(1)If a member of the South African Police Service—
(a)receives a report that an offence containing an element of physical violence has allegedly been committed during an incident of domestic violence; and
(b)reasonably suspects that a person who may furnish information regarding that alleged offence is in any private residence,
that member may, notwithstanding the proviso to section 26 of the Criminal Procedure Act, 1977, without a warrant, enter that residence for the purposes of interrogating that person and obtaining a statement from them.
(2)Any member referred to in subsection (1)—
(a)must audibly demand admission to the residence and notify of the purpose for which the member seeks to enter that residence; and
(b)may, if an occupier of the residence does not provide admission to the residence, use such force as may be reasonably necessary to overcome any resistance against entry to the residence, including the breaking of any door or window of that residence.
[section 3A inserted by section 6 of Act 14 of 2021]

4. Application for protection order

(1)
(a)Any complainant may, on an ex parte basis, in the prescribed form and manner, apply to the court for a protection order.
(b)
(i)Subject to subparagraph (ii), the application referred to in paragraph (a) must be lodged—
(aa)with the clerk of the court; or
(bb)electronically, by submitting the application to an electronic address,
of the court having jurisdiction.
(ii)In the case of an urgent application outside ordinary court hours or on a day which is not an ordinary court day, the application may, subject to any direction of the court, be submitted directly to the court.
(2)If the complainant or a person referred to in subsection (3) is not represented by a legal representative, the clerk of the court must inform the complainant or person, in the prescribed manner of—
(a)the relief available in terms of this Act; and
(b)the right to also lodge a criminal complaint against the respondent, if a criminal offence has been committed by the respondent.
(3)
(a)Notwithstanding the provisions of any other law, the application for a protection order may, subject to paragraph (b), be brought on behalf of the complainant by a functionary or another person who has a material interest in the wellbeing of the complainant.
(b)An application referred to in paragraph (a) must be brought with the written consent of the complainant, except in circumstances where the complainant is—
(i)a child and the court considers the application to be in the best interests of that child; or
(ii)a person who, in the opinion of the court, is unable to provide the required consent.
(4)Notwithstanding the provisions of any other law, any child, or any person on behalf of a child, may apply to the court for a protection order without the consent or assistance of a parent, guardian or any other person.
(5)The application referred to in subsection (1) may be considered by the court, outside ordinary court hours or on a day which is not an ordinary court day, if the court is satisfied, from information provided in the application, that a reasonable belief exists, that the complainant is suffering or may suffer harm, 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)
(a)The clerk of the court must capture all applications referred to in subsection (1)(b), any supporting affidavit and such other information as may be prescribed in the integrated electronic repository.
(b)The clerk of the court must immediately submit an application referred to in subsection (1)(b)(i) and supporting affidavits to the court.
[section 4 substituted by section 7 of Act 14 of 2021]

4A. Domestic violence safety monitoring notice

(1)A complainant, who shares a joint residence with the respondent, may—
(a)simultaneously with the application for a protection order in terms of section 4(1), or where the court has not issued an interim protection order, at any stage before the court issues a final protection order or discharges the matter in terms of section 6; or
(b)where an interim protection order contemplated in section 5(2), or a final protection order contemplated in section 6, is in force,
in the prescribed form and manner apply to the court for the issuing of a domestic violence safety monitoring notice.
(2)The application referred to in subsection (1) must be lodged—
(a)with the clerk of the court; or
(b)electronically, by submitting the application to an electronic address,
of the court having jurisdiction.
(3)Supporting affidavits by persons who have knowledge of the matter concerned may accompany the application.
(4)The clerk of the court must as soon as is reasonably possible submit an application referred to in subsection (2) to the court.
(5)The court must as soon as is reasonably possible consider an application submitted to it in terms of subsection (4) and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or evidence by affidavit, which must form part of the record of the proceedings.
(6)If the court is satisfied from information on oath or affirmation as set out in the application and such additional evidence contemplated in subsection (5), that—
(a)there are reasonable grounds for believing that the complainant and the respondent share a joint residence; and
(b)there are reasonable grounds to suspect that the respondent poses a threat to the complainant’s personal safety,
the court may issue a domestic violence safety monitoring notice in the prescribed form.
(7)A court may in terms of a domestic violence safety monitoring notice, order the station commander of a police station servicing the area where the complainant resides to direct a member of the South African Police Service under their command, for the period specified in the notice, and subject to any conditions specified in the notice, to do any or all of the following:
(a)To contact the complainant at regular intervals by means of an electronic service at an electronic address as specified in an Annexure to the notice and to enquire about the complainant’s wellbeing;
(b)at regular intervals, to visit the joint residence and to see and to communicate in private with the complainant; and
(c)where a member is prevented from seeing the complainant, to—
(i)enter the joint residence to see and to communicate in private with the complainant; and
(ii)overcome resistance against such entry by using as much force as is reasonably required by the circumstances, including breaking a door or window of the residence.
(8)The notice must be served on the station commander and the respondent, in the prescribed manner: Provided that the Annexure referred to in subsection (7)(a), may not be disclosed to the respondent.
(9)The clerk of the court must—
(a)in the prescribed form and manner—
(i)notify the complainant of the outcome of an application;
(ii)where the court has issued a domestic violence safety monitoring notice, upon service or upon receipt of a return of service of the notice on the respondent, notify the complainant thereof; and
(iii)forward a certified copy of the notice to the complainant; and
(b)capture the application referred to in subsection (2), the domestic violence safety monitoring notice issued in terms of subsection (6), the return of service of the notice on the respondent and the station commander in terms of subsection (8), and such other information as may be prescribed for purposes of this section, on the integrated electronic repository.
(10)For purposes of subsection (7)(b) and (c), a member must execute the notice in the prescribed manner.
(11)At the expiry of the period for which the notice was issued, a report containing the prescribed information must be filed with the clerk of the court in the prescribed manner by the station commander referred to in subsection (7) or their delegate.
(12)The National Commissioner of the South African Police Service in consultation with the Director-General must, in terms of section 18(3), issue national instructions as may be necessary for the purpose of giving effect to the provisions of this section by the South African Police Service.
[section 4A inserted by section 8 of Act 14 of 2021]

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(1)(b) and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or evidence by affidavit, which must form part of the record of the proceedings.
(1A)Where circumstances permit, a court that considers an application referred to in subsection (1), may cause an investigation to be carried out—
(a)by a Family Advocate contemplated in the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), in whose area of jurisdiction that court is, with regard to the welfare of any child affected by the proceedings in question, whereupon the provisions of that Act apply with the changes required by the context; or
(b)by a designated social worker as contemplated in section 47 of the Children’s Act, 2005 (Act No. 38 of 2005), if it appears to that court that a child involved in or affected by proceedings in question is in need of care and protection, whereupon the provisions of that Act apply with the changes required by the context.
(2)If the court is satisfied that—
(a)there is prima facie evidence that the—
(i)respondent is committing, or has committed an act of domestic violence;
(ii)complainant is suffering or may suffer harm as a result of such domestic violence; and
(b)the issuing of a protection order is immediately necessary to protect the complainant against the harm contemplated in paragraph (a)(ii),
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 in the prescribed form against the respondent.
(3)
(a)Upon the issuing of an interim protection order, the court must direct that—
(i)certified copies of the application referred to in section 4(1)(b), and any supporting affidavit that accompanied the application;
(ii)the record of any evidence noted in terms of subsection (1); and
(iii)the original interim protection order issued in terms of subsection (2),
be served on the respondent in the prescribed manner by the clerk of the court, sheriff or peace officer identified by the court.
(b)An interim protection order must call on the respondent to show cause on the return date specified in the order why the interim protection order should not be made final.
(c)The clerk of the court must immediately, upon the issuing of an interim protection order—
(i)in the prescribed form and manner notify the complainant thereof; and
(ii)capture a copy of the interim protection order on the integrated electronic repository.
(4)
(a)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 why a protection order should not be issued.
(b)The clerk of the court must in the prescribed form and manner, notify the complainant that the court has not issued an interim protection order and of the return date.
(c)Upon service or upon receipt of a return of service of the documents referred to in paragraph (a), on the respondent, the clerk of the court must capture the return of service in the integrated electronic repository.
(5)
(a)The return dates referred to in subsections (3)(b) and (4)(a) 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)(b) and (4)(a) may be anticipated by the respondent upon not less than 24 hours’ written notice to the complainant and the court.
(b)The clerk of the court must capture the written notice in the integrated electronic repository.
(6)An interim protection order is of force and effect from the time that the existence and content of the order have been served on the respondent.
(7)Upon service or upon receipt of a return of service of the documents referred to in subsection (3)(a), on the respondent, the clerk of the court must—
(a)capture the return of service in the integrated electronic repository;
(b)in the prescribed form and manner notify the complainant thereof; and
(c)cause—
(i)a certified copy of the interim protection order; and
(ii)the original warrant of arrest contemplated in section 8(1)(a),
to be served on the complainant in the prescribed manner.
(8)Upon service or upon receipt of a return of service of the documents referred to in subsection (7)(c), on the complainant, the clerk of the court must—
(a)capture the return of service in the integrated electronic repository; and
(b)in the prescribed manner, forward certified copies of the interim protection order and of the warrant of arrest contemplated in section 8(1)(a) to the police station of the complainant’s choice.
(9)An interim protection order issued in terms of this section remains in force until it is set aside by a competent court.
[section 5 amended by section 19 of Act 55 of 2003 and substituted by section 9 of Act 14 of 2021]

5A. Attendance of witnesses

(1)The court may, in the prescribed manner and at any stage of proceedings under this Act, cause to be subpoenaed any person as a witness at those proceedings or to provide any book, document or object, if the evidence of that person or book, document or object appears to the court essential to the just decision of the case.
(2)
(a)A person who is subpoenaed as provided for in subsection (1) must attend the proceedings and remain in attendance at the proceedings until excused by the court.
(b)A person who—
(i)is in attendance at any proceedings under this Act, though not subpoenaed as a witness; and
(ii)is warned by the court to remain in attendance at the proceedings,
must remain in attendance until excused by the court.
(3)Any person who is subpoenaed in terms of subsection (1) or warned in terms of subsection (2) to attend proceedings and who fails to—
(a)attend or to remain in attendance;
(b)appear at the place and on the date and at the time to which the proceedings in question may be adjourned;
(c)remain in attendance at those proceedings as so adjourned; or
(d)produce any book, document, object or thing specified in the subpoena,
is guilty of an offence.
[section 5A inserted by section 10 of Act 14 of 2021]

5B. Electronic communications service provider to furnish particulars to court

(1)If an application for a protection order is made in terms of section 4 and it is necessary to determine whether an electronic communication, which was used to commit an act of domestic violence, was disclosed by the respondent, 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 an electronic communications service provider, that is believed to be able to furnish such particulars, to furnish the court in the prescribed manner by means of an affidavit in the prescribed form with—
(i)the electronic communications identity number from where the electronic communication originated;
(ii)the name, surname, identity number and address of the person to whom the electronic communications identity number has been assigned;
(iii)any information which indicates that the electronic communication was or was not sent from the electronic communications identity number of the person to the electronic communications identity number of the complainant;
(iv)any information that is available to an electronic communications service provider that may be of assistance to the court to identify the person who disclosed the electronic communication or the electronic communications service provider, that provides a service to that person;
(v)any information that is available to an electronic communications service provider which may be of assistance to the court to identify the electronic communications service provider whose service is used to host or was or is used to disclose the electronic communication in question; or
(vi)an assessment whether or not the electronic communications service provider is in a position—
(aa)to remove the electronic communication or a link to the electronic communication; or
(bb)to disable access to such electronic communication or a link to such electronic communication.
(2)If the court issues a direction in terms of subsection (1)(b) the court must direct that the direction be served on the electronic communications service provider in the prescribed manner: Provided, that if the court is satisfied that the direction cannot be served in the prescribed manner, the court may make an order allowing service to be effected in the form and manner specified in that order.
(3)
(a)The information referred to in subsection (1)(b) must be provided to the court within five ordinary court days from the time that the direction is served on an electronic communications service provider.
(b)An electronic communications service provider 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 of five ordinary court days referred to in paragraph (a) for a further period of five ordinary court days on the grounds that the information cannot be provided timeously; or
(ii)the cancellation of the direction on the grounds that—
(aa)it does not provide an electronic communications service to the complainant or the respondent;
(bb)the requested information is not available in the records of the electronic communications service provider; or
(cc)its service is not used to host or was or is not used to disclose the electronic communication in question.
(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 an affidavit from the electronic communications service provider as it deems fit;
(c)must give a decision in respect thereof; and
(d)must inform the electronic communications service provider in the prescribed form and in the prescribed manner of the outcome of the application.
(5)
(a)The court may, on receipt of an affidavit from an electronic communications service provider which contains the information referred to in subsection (1)(b), consider the issuing of an interim protection order in terms of section 5(2) against the respondent on the date to which the proceedings have been adjourned.
(b)Any information furnished to the court in terms of subsection (1)(b) forms part of the evidence that a court may consider in terms of section 5(1).
(6)
(a)If the court issues a protection order, the court must at the same time, in the prescribed form and manner, issue an order to the electronic communications service provider whose electronic communications service is used to host or disclose the electronic communication which was used to commit an act of domestic violence, to immediately remove or disable access to the electronic communication.
(b)An electronic communications service provider who is ordered to remove or disable access to an electronic communication in terms of paragraph (a), may, within 14 days after the order has been served on it in terms of paragraph (a), in the prescribed manner by means of an affidavit in the prescribed form, apply to the court for the setting aside or amendment of the order referred to in paragraph (a).
(c)The court must as soon as is reasonably possible consider an application submitted to it in terms of paragraph (b) and may for that purpose, in the prescribed manner by means of an affidavit in the prescribed form request such additional evidence by way of an affidavit from the electronic communications service provider as it deems fit, which must form part of the record of the proceedings.
(d)The court may if good cause has been shown for the variation or setting aside of the order, issue an order to this effect and in the prescribed form and manner inform the electronic communications service provider of the outcome of the application.
(7)An electronic communications service provider must, within 48 hours after providing the information referred to in subsection (1)(b) to the court, by means of an electronic communication, inform the respondent of the—
(a)information that was provided to the court;
(b)reference number of the direction; and
(c)address of the court who issued the direction.
(8)
(a)The Director-General: Communications and Digital Technologies, must compile and maintain a list of electronic communications service providers that can provide the courts with the information referred to in subsection (1)(b).
(b)The list referred to in paragraph (a) must contain the following particulars of each such electronic communications service provider:
(i)The name and physical and postal addresses;
(ii)an electronic mail address;
(iii)a telephone and facsimile number; and
(iv)the names of persons who are responsible for providing the information referred to in subsection (1)(b).
(c)An electronic communications service provider must, in the prescribed manner and without undue delay, bring any change of any of the particulars referred to in paragraph (b) to the attention of the Director-General: Communications and Digital Technologies.
(d)The Director-General: Communications and Digital Technologies must, in the prescribed manner and without undue delay, make the list referred to in paragraph (a) and any subsequent amendments thereto available to all courts.
(9)The Minister must, by notice in the Gazette, prescribe reasonable tariffs of compensation payable to electronic communications service providers for—
(a)providing the information referred to in subsection (1)(b);
(b)providing the information contemplated in subsection (7) to the respondent; and
(c)removing or disabling access to the electronic communications which was used to commit an act of domestic violence, as contemplated in subsection (6)(a).
(10)
(a)The complainant is liable for the costs, referred to in subsection (9), in respect of the furnishing of the information referred to in subsection (1)(b), providing the information contemplated in subsection (7) to the respondent, and the removing or disabling access to the electronic communication, referred to in subsection (6)(a).
(b)The court may, at any time hold an inquiry into—
(i)the means of the complainant; and
(ii)any other circumstances which, in the opinion of the court, should be taken into consideration,
to determine the ability of the complainant to pay the costs referred to in paragraph (a).
(c)At the conclusion of the inquiry referred to in paragraph (b), the court may make such order as the court deems fit relating to the payment of the costs referred to in paragraph (a), including an order directing the State, subject to section 15, to pay such costs within available resources.
(d)The court may, if it has ordered the State to pay the costs referred to in paragraph (c), direct who must refund the costs so paid by the State.
(11)Any electronic communications service provider or employee of an electronic communications service provider who—
(a)fails to furnish the required information within five ordinary court days from the time that the direction is served on such electronic communications service provider to a court in terms of subsection (3)(a) or such extended period allowed by the court in terms of subsection (3)(b);
(b)makes a false statement in an affidavit referred to in subsection (1)(b), (3)(b), (6)(b) or (c), in a material respect;
(c)fails to comply with an order to remove or disable access to the electronic communications in terms of subsection (6)(a) or any variation in terms of subsection (6)(d) thereof; or
(d)fails to comply with subsection (7),
is guilty of an offence.
(12)For purposes of this section "host" means to store an electronic communication on an electronic communications network that is used to provide an electronic communications service, where it can be viewed, copied or downloaded.
[section 5B inserted by section 10 of Act 14 of 2021]

5C. Existing and reciprocal orders or applications

(1)The court must, before it issues an interim protection order referred to in section 5(2) or a final protection order referred to in section 6, establish whether there is any other order against the complainant or respondent, which was previously issued by a court that may have a bearing on the application before the court.
(2)Where it is established by the court, that considers an application in terms of section 5(1), that there is another application in terms of section 5(1) pending between the same parties, the court must—
(a)order that both applications be dealt with together;
(b)adjourn the matter for a hearing as contemplated in section 6; and
(c)give directions regarding the notification of parties and service of documents.
(3)Where existing orders are in place, the court—
(a)must record those orders on the court file;
(b)must, where it issues a protection order, or imposes any condition or makes any order which it is competent to impose or make under section 7, ensure that the protection order does not contradict any such existing orders; and
(c)may, where it is satisfied that urgent relief against an act of domestic violence is necessary, notwithstanding any other order, issue a protection order or impose any condition or make any order which it is competent to impose or make under section 7, and order that they remain in force for a limited period as determined in order to afford the complainant an opportunity to apply for the amendment, variation or setting aside of such order.
[section 5C inserted by section 10 of Act 14 of 2021]

6. Issuing of final protection order

(1)If the respondent does not appear on a return date contemplated in section 5(3), 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 final protection order in the prescribed form.
(1A)If the respondent does not appear on a return date contemplated in section 5(4), and if the court is satisfied that proper service has been effected on the respondent, the court must proceed to hear the matter and if the court after considering—
(a)any evidence previously received in terms of section 5(1); and
(b)such further affidavits or oral evidence as it may direct, that was adduced during the hearing, which must form part of the record of the proceedings,
finds, on a balance of probabilities, that the respondent has committed or is committing an act of domestic violence, the court must issue a final protection order in the prescribed form.
(2)If the respondent appears on the return date contemplated in section 5(3) or (4), 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);
(b)consider such further affidavits or oral evidence as it may direct, which must form part of the record of the proceedings; and
(c)if there is a dispute of fact, the court—
(i)may on application of the complainant or the respondent adjourn the proceedings to any time and date on the terms and conditions which the court deems appropriate in order to afford the party concerned the opportunity to adduce further evidence; and
(ii)must extend the interim protection order.
(2A)
(a)If the respondent appears but the complainant does not appear, or where both the respondent and the complainant do not appear, on the return date referred to in section 5(3), the court must extend the interim protection order and the return date, and the clerk of the court must notify—
(i)the complainant; or
(ii)the complainant and the respondent, where both did not appear,
in the prescribed form and manner of the extended date.
(b)The court may discharge the interim protection order if the complainant does not appear on the extended date.
(2B)
(a)If the respondent appears but the complainant does not appear, or where both the respondent and the complainant do not appear, on the return date referred to in section 5(4), the court may, after due consideration of any evidence previously received in terms of section 5(1)—
(i)set a new return date for the hearing of oral evidence; or
(ii)discharge the matter.
(b)The clerk of the court must, in the prescribed form and manner, notify the parties of the extended date in terms of paragraph (a)(i).
(3)
(a)Sections 51A and 51C of the Magistrates’ Courts Act, 1944, apply to a hearing contemplated in subsection (2).
(b)In instances where paragraph (a) does not apply, the court may of its own accord or at the request of the complainant or a witness who is in a domestic relationship with the respondent, and if it is in the interests of justice to do so, order that in the examination of the complainant or a witness, a respondent who is not represented by a legal representative—
(a)is not entitled to cross-examine directly the complainant or such a witness; and
(b)must put any question to the complainant or such a witness by stating the question to the court, and the court is to repeat the question accurately to the complainant or witness.
(4)The court must, after a hearing as contemplated in subsection (2), issue a final 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)On the issuing of a final protection order the court must direct that—
(a)the original of such order must be served on the respondent within 48 hours or as soon as reasonably possible; and
(b)a certified copy of such order, and the original warrant of arrest contemplated in section 8(1)(a), must be served on the complainant,
in the prescribed manner by the clerk of the court, sheriff or peace officer identified by the court.
(6)
(a)The clerk of the court must immediately, 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.
(b)The clerk of the court must capture—
(i)the final protection order;
(ii)the warrant of arrest contemplated in section 8(1)(a); and
(iii)the return of service of—
(aa)the original final protection order on the respondent; and
(bb)a copy of the final protection order and warrant of arrest on the complainant,
on the integrated electronic repository.
(7)Subject to the provisions of sections 5C(3)(c) and 7(7)(b), a final protection order issued in terms of this section—
(a)is of force and effect from the time that the existence and content of the order have been served on the respondent; and
(b)remains in force until it is set aside, and the execution of such order is not automatically suspended upon the noting of an appeal.
[section 6 substituted by section 11 of Act 14 of 2021]

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 or attempting to commit 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 workplace or place of studies;
(g)preventing the complainant who ordinarily lives or lived in a shared residence as contemplated in paragraph (c) from entering or remaining in the shared residence or a specified part of the shared residence;
(gA)disclosing any electronic communication or making available any communication, as may be specified in the protection order; or
(h)committing any other act as specified in the protection order.
[subsection (1) substituted by section 13(a) of Act 14 of 2021]
(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—
(a)an order—
(i)to seize any weapon in the possession or under the control of the respondent, as contemplated in section 9; and
(ii)that a peace officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property; or
(b)the making of a recommendation that the complainant should approach the relevant police station to investigate the matter with the view to institute a criminal prosecution against the respondent.
[subsection (2) substituted by section 13(a) of Act 14 of 2021]
(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.
(4A)
(a)If the court is satisfied, from evidence adduced at a hearing in terms of section 6, that the respondent is probably a person contemplated in section 33(1) of the Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008), the court may order the respondent to appear before a specified magistrate’s court having jurisdiction on a specified date and time in connection with an enquiry in terms of section 35 of the Prevention of and Treatment for Substance Abuse Act, 2008.
(b)Where the respondent concerned fails to appear at the place and on the date and at the time referred to in paragraph (a), a magistrate of the relevant court may, at the request of a prosecutor attached to the court, issue a warrant referred to in section 33(3) of the Prevention of and Treatment for Substance Abuse Act, 2008, directing that the respondent concerned must be apprehended and be brought before the magistrate.
(c)A prosecutor attached to the relevant court must obtain a report referred to in section 33(4) of the Prevention of and Treatment for Substance Abuse Act, 2008.
(d)Section 35 of the Prevention of and Treatment for Substance Abuse Act, 2008, applies, with the necessary changes required by the context, in respect of a respondent who appears before a magistrate, in pursuance of an order made under paragraph (a), as if they were a person brought before the said magistrate in terms of section 33 of that Act and as if the report obtained in terms of paragraph (c) were a report obtained in terms of section 33(4) of that Act.
(e)A copy of the record of the hearing in terms of section 6, certified or purporting to be certified by the clerk of the court or, in the case where the proceedings were recorded by electronic means, by the person who transcribed the proceedings, as a true copy of such record may, subject to subsection (5) and any direction of the court referred to in paragraph (a), be produced at the said enquiry as evidence.
[subsection (4A) inserted by section 13(b) of Act 14 of 2021]
(5)
(a)The physical, home, study and work address and contact details of the complainant or related person to whom the protection order relates must be omitted from the protection order, unless the nature of the terms of the order necessitates the inclusion of such particulars.
(b)The court may issue any directions to ensure that the complainant’s or related person’s physical, home, study and work address and contact details are not disclosed in any manner which may endanger the safety, health or wellbeing of the complainant or related person.
(c)Where the complainant or related person is a child, the physical, home and work addresses of the complainant or related person shall not be disclosed until a children’s court inquiry into the matter has been held.
[subsection (5) substituted by section 13(c) of Act 14 of 2021]
(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 must 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.
[subsection (7) substituted by section 13(d) of Act 14 of 2021]

8. Warrant of arrest upon issuing of protection order

(1)Whenever a court issues a protection order in terms of section 5(2) or 6, 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.
[subsection (1) substituted by section 14(a) of Act 14 of 2021]
(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 is suffering or may suffer harm as a result of the alleged breach of the protection order by the respondent, the member must immediately arrest the respondent for allegedly committing the offence referred to in section 17(1)(a).
(c)If the member concerned is of the opinion that there are insufficient grounds for arresting the respondent in terms of paragraph (b), the member must immediately hand a written notice, in the prescribed form, to the respondent which—
(i)specifies the name, the residential and work 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(1)(a); and
(iii)contains a certificate signed by the member concerned to the effect that the member handed the original notice to the respondent and that the member explained the import thereof to the respondent.
(d)The member must immediately 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 is prima facie proof that the original thereof was handed to the respondent specified therein.
[subsection (4) substituted by section 14(b) of Act 14 of 2021]
(5)In considering whether or not the complainant is suffering or may suffer 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 or related person or damage of their property;
(b)the seriousness of the conduct comprising an alleged breach of the protection order;
(c)the length of time since the alleged breach occurred; and
(d)the nature and extent of the harm previously suffered in the domestic relationship by the complainant or a related person.
[subsection (5) substituted by section 14(b) of Act 14 of 2021]
(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 their right to simultaneously lay a charge against the respondent, if applicable, and explain to the complainant how to lay such a charge.[subsection (6) substituted by section 14(c) of Act 14 of 2021]

9. Seizure of weapons

(1)The court must order a member of the South African Police Service to seize any weapon in the possession or under the control of a respondent as specified in that order, regardless of the requirements of the respondent’s employment to possess such weapon, 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 themselves, any person in the domestic relationship, a related person, or any other person, whether or not by means of such weapon; or
(b)the possession of such weapon is not in the best interests of the respondent or any other person in a domestic relationship or a related person, 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 weapon contemplated in paragraph (a) of the definition of "weapon" seized in terms of subsection (1) must be kept by the South African Police Service and the court must direct the clerk of the court to refer a copy of the record of the evidence concerned to the relevant station commander for consideration in terms of section 102 of the Firearms Control Act, 2000, and a copy of the record must be submitted to the National Commissioner of the South African Police Service.
(3)Any weapon contemplated in paragraph (b) of the definition of "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)may only be returned to the respondent or, if the respondent is not the owner of the 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 weapon so seized is below the amount determined by the Minister in the Gazette from time to time;
(ii)if the return of the 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 weapon be forfeited to the State.
(4)
(a)When a final protection order has been issued against the respondent in terms of section 6, the clerk of the court must as soon as reasonably possible, in the prescribed manner, inform the relevant station commander and National Commissioner of the South African Police Service thereof.
(b)The relevant station commander must, on receipt of the information contemplated in paragraph (a)—
(i)determine whether the respondent holds a licence, permit, competency certificate or other authorisation in terms of the Firearms Control Act, 2000, for any firearm;
(ii)in terms of section 102 of the Firearms Control Act, 2000, determine whether the person is unfit to possess a firearm; and
(iii)inform the National Commissioner of the South African Police Service of their decision regarding the fitness of the person to possess a firearm.
[section 9 substituted by section 15 of Act 14 of 2021]

10. Variation or setting aside of protection order

(1)
(a)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.
(b)The other party must, if they oppose the application, within 10 days of the notice referred to in paragraph (a) being served, give written notice to the other party and the court setting out grounds and facts on which the application is opposed.
[subsection (1) substituted by section 16 of Act 14 of 2021]
(2)If the court is satisfied that—
(a)circumstances have changed materially since the granting of the original protection order;
(b)good cause has been shown for the variation or setting aside of the protection order; and
(c)proper service has been effected on the respondent,
it may issue an order to this effect: Provided that the court may not grant such an application to the complainant unless it is satisfied that the application is made freely and voluntarily.[subsection (2) substituted by section 16 of Act 14 of 2021]
(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 may 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 information relating to proceedings held in terms of this Act may 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.
[subsection (2) substituted by section 17 of Act 14 of 2021]

12. Jurisdiction

(1)Any court within the area in which—
(a)the complainant permanently or temporarily resides, studies, carries on business or is employed;
(b)the respondent permanently or temporarily resides, studies, 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.[subsection (1) substituted by section 18 of Act 14 of 2021]
(2)No specific minimum period is required in relation to subsection (1)(a) or (b).[subsection (2) substituted by section 18 of Act 14 of 2021]
(3)A protection order is enforceable throughout the Republic.

13. Service of documents

(1)
(a)Service of any document in terms of this Act must be effected immediately on the person affected by it at their residence or place of business, employment or study in the prescribed manner by the clerk of the court, the sheriff or a peace officer.
(b)Where the complainant and respondent share the same residence, the service of documents—
(i)referred to in sections 5(3)(a) or (4) and 6(5)(a), must be effected by hand on the respondent personally; and
(ii)referred to in sections 5(7)(c) and 6(5)(b), must be effected by hand on the complainant personally.
(c)If the court is satisfied that service of any document cannot be effected in the prescribed manner, the court may make an order allowing service to be effected in the form or manner specified in that order.
[subsection (1) substituted by section 19 of Act 14 of 2021]
(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. Orders as to costs of service and directions

(1)The court may, having regard to the conduct of the parties as far as it may be relevant, make an order as to costs against any party if it is satisfied that such party has acted frivolously, vexatiously or unreasonably.
(2)Notwithstanding subsection (1), the court must where a final protection order is issued in terms of section 6, make an order as to costs against the respondent in respect of the—
(a)service of any process or documents;
(b)obtaining of information as contemplated in section 5B(1)(b);
(c)providing of the information referred to in section 5B(6); or
(d)removal of, or disabling of access to, electronic communication contemplated in section 5B(7).
[section 15 substituted by section 20 of Act 14 of 2021]

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

(1)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 in section 8(4)(a), wilfully makes a false statement in a material respect,
is guilty of an offence and liable on conviction—
(i)in the case of an offence referred to in paragraph (a)—
(aa)if it is a first conviction, to a fine or imprisonment for a period not exceeding five years or to both such fine and such imprisonment; or
(bb)if it is a second or subsequent conviction, to a fine or imprisonment for a period not exceeding 10 years; and
(ii)in the case of an offence contemplated in paragraph (b), (c), or (d)—
(aa)if it is a first conviction, to a fine or imprisonment for a period not exceeding two years or to both such fine and such imprisonment; or
(bb)if it is a second or subsequent conviction, to a fine or imprisonment for a period not exceeding four years or to both such fine and such imprisonment.
(2)Any person who is convicted of an offence referred to in section 5A(3), is liable on conviction to a fine or imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(3)Any electronic communications service provider or employee of an electronic communications service provider, who is convicted of an offence referred to in section 5B(11)(a), (b), (c) or (d), is liable on conviction, in the case of—
(a)an electronic communications service provider, to a fine not exceeding R10 000; or
(b)an employee of an electronic communications service provider, to a fine or imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
(4)A person who is convicted of an offence referred to in section 2B(4), is liable on conviction to a fine or to imprisonment for a period not exceeding three months or to both a fine and such imprisonment.
[section 17 substituted by section 22 of Act 14 of 2021]

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

(1)No prosecutor may—
(a)refuse to institute a prosecution; or
(b)withdraw a charge,
in respect of a contravention of section 17(1)(a) or in respect of any offence against a person in a domestic relationship—
(i)involving the infliction of grievous bodily harm or a dangerous wound against the complainant or a related person; or
(ii)where the complainant or a related person is threatened with a weapon,
unless authorised thereto, whether in general or in any specific case, by a Director of Public Prosecutions as contemplated in section 13(1)(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.[subsection (1) substituted by section 23(a) of Act 14 of 2021]
(2)The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998, in consultation with the Minister 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.[subsection (2) substituted by section 23(a) of Act 14 of 2021]
(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 Secretariat, established in terms of section 4(1) of the Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011), must be informed immediately of any such failure reported to the South African Police Service.[paragraph (a) substituted by section 23(b) of Act 14 of 2021]
(b)Unless the Secretariat 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).
[subsection (4) substituted by section 36(1) of Act 1 of 2011]
(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 Secretariat 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.[paragraph (c) substituted by section 36(1) of Act 1 of 2011]
(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 Secretariat.
[paragraph (d) substituted by section 36(1) of Act 1 of 2011]

18A. Directives for clerks of court

(1)The Director-General must issue directives with which clerks of the court must comply in the execution of their functions in terms of this Act, and any directives so issued must be published in the Gazette.
(2)The Minister must submit any directives issued in terms of subsection (1) to Parliament before those directives take effect.
(3)The directives referred to in this section must ensure that adequate disciplinary steps will be taken against a clerk of the court who fails to comply with any directive.
(4)Any directive issued under this section may be amended or withdrawn in like manner.
[section 18A inserted by section 24 of Act 14 of 2021]

18B. Directives by Departments of Health, Social Development, Basic Education, Higher Education and Training and Communications and Digital Technologies

(1)The Directors-General: Health, Social Development, Basic Education, Higher Education and Training and Communications and Digital Technologies must—
(a)in consultation with the Cabinet members responsible for health, social development, basic education, higher education, science and innovation, police and communications and digital technologies; and
(b)after consultation with the Director-General, National Director of Public Prosecutions and National Commissioner of the South African Police Service,
publish in the Gazette directives regarding matters which are reasonably necessary or expedient to be provided for and which are to be followed by functionaries and other relevant persons when dealing with incidents of domestic violence, in order to achieve the objects of this Act.
(2)Without limiting the scope of the directives contemplated in subsection (1), the directives must provide for—
(a)services to be provided to a complainant who is a child, a person with a disability or an older person;
(b)the manner in which a functionary must deal with a complainant who is a child, a person with a disability or an older person, in order to protect them against further acts of domestic violence;
(c)services to be provided to a complainant who is an adult person;
(d)the assistance that a member of the South African Police Service or a peace officer who attends a scene of an incident of domestic violence must provide to a complainant and affected children;
(e)a public education and communication initiative to educate the public on the provisions of this Act, the obligations of the relevant functionaries, including the South African Police Services, in respect of domestic violence incidents and institutions where complaints may be lodged against a functionary or a member of the South African Police Service or a peace officer;
(f)the designation of accredited shelters;
(g)standards and minimum conditions for the provision of services in accredited shelters; and
(h)the manner in which a risk assessment must be conducted in respect of a complainant to provide or refer the complainant for further services.
(3)The directives referred to in this section must ensure that adequate disciplinary steps are taken against a functionary or person who fails to comply with any directive.
(4)Any directives issued in terms of subsection (1) must be submitted to Parliament before those directives take effect.
[section 18B inserted by section 24 of Act 14 of 2021]

19. Regulations

(1)The Minister may make regulations regarding—
(a)any form required to be prescribed in terms of this Act;
(b)financial assistance to be provided by the State—
(i)to a complainant or respondent who does not have the means to pay for fees of any service in terms of this Act; and
(ii)to a witness who attends any proceedings in terms of this Act;
(c)the granting of legal aid at State expense in appropriate cases in consultation with Legal Aid South Africa to the complainant, respondent, a person with a disability, an older person or a child to assist them with an application for a protection order in terms of this Act;
(d)any matter required to be prescribed in terms of this Act; and
(e)any other matter which the Minister deems necessary or expedient to prescribe 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 Cabinet member responsible for finance; and
(c)may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding one year.
[section 19 substituted by section 25 of Act 14 of 2021]

19A. Period within which directives and regulations must be submitted to Parliament

(1)
(a)The directives referred to in sections 18A and 18B must be submitted to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021.
(b)A Director-General who is in terms of section 18A or 18B, responsible for the issuing of directives must, in the event of a failure to submit the directives to Parliament, within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, report such failure and the reasons for such failure to Parliament before the end of the month following upon the month during which the 12-month period expires and thereafter at such intervals as Parliament may determine.
(c)The failure to submit the directives referred to in paragraph (a) to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, does not affect the validity of any such directives that are submitted to Parliament after the expiration of the said period and thereafter issued.
(2)
(a)The Minister must, in terms of section 19(2) submit regulations that are necessary or required to be made for the proper implementation and administration of this Act to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021.
(b)The Minister must, in the event of a failure to submit the regulations referred to in paragraph (a) to Parliament, within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, report such failure and the reasons for such failure to Parliament before the end of the month following upon the month during which the 12-month period expires and thereafter at such intervals as Parliament may determine.
(c)The failure to submit the regulations referred to in paragraph (a) to Parliament within 12 months from the date of assent of the Domestic Violence Amendment Act, 2021, does not affect the validity of any such regulations that are submitted to Parliament after the expiration of the said period and made thereafter.
[section 19A inserted by section 26 of Act 14 of 2021]

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

(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.

Schedule

Laws amended

[Schedule inserted by section 27 of Act 14 of 2021]
No. and year of lawShort titleExtent of repeal or amendment
Act No. 51 of 1977Criminal Procedure Act, 1977Section 40 of the Criminal Procedure Act, 1977, is hereby amended by the substitution in subsection (1) for paragraph (q) 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 and which constitutes an offence in [respect of which violence is an element] terms of any law.’’.
Act No. 60 of 2000Firearms Control Act, 2000Schedule 2 to the Firearms Control Act, 2000, is hereby amended by the substitution for paragraph (e) of Item 7 of the following paragraph:“
(e)in terms of [section 18(1)(a) of] the Domestic Violence Act, 1998 (Act No. 116 of 1998) or the Protection from Harassment Act, 2011 (Act No. 17 of 2011).’’.
Act No. 17 of 2011Protection from Harassment Act, 2011The Protection from Harassment Act, 2011, is hereby amended—(a)by the substitution for subsection (2) of section 1 of the following subsection:“
(2)This Act does not prevent a person who may apply for relief against harassment [or stalking] in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), from applying for relief in terms of this Act.’’; and
(b)by the substitution in subsection (5) of section 10 for paragraph (a) of the following paragraph:“
(a)Provided that the complainant is not in possession of or not in the process of applying for a protection order against harassment [or stalking] as provided for in the Domestic Violence Act, 1998 (Act No. 116 of 1998), 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.
Act No. 10 of 2013Superior Courts Act, 2013The Superior Courts Act, 2013, is hereby amended by the substitution for subsection (1) of section 47 of the following subsection:“
(1)[Notwithstanding any other law] Except for an application made in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), no civil proceedings by way of summons or notice of motion may be instituted against any judge of a Superior Court, and no subpoena in respect of civil proceedings may be served on any judge of a Superior Court, except with the consent of the head of that court or, in the case of a head of court or the Chief Justice, with the consent of the Chief Justice or the President of the Supreme Court of Appeal, as the case may be.’’.
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History of this document

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28 January 2022
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01 April 2012
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09 August 2010
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31 March 2005
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15 December 1999
02 December 1998
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20 November 1998
Assented to

Cited documents 23

Legislation 22
1. Criminal Procedure Act, 1977 3916 citations
2. Magistrates' Courts Act, 1944 2746 citations
3. Superior Courts Act, 2013 1696 citations
4. Electronic Communications Act, 2005 896 citations
5. South African Schools Act, 1996 771 citations
6. Medicines and Related Substances Control Act, 1965 608 citations
7. Constitution of the Republic of South Africa, 1996 585 citations
8. Children's Act, 2005 537 citations
9. Higher Education Act 505 citations
10. Firearms Control Act, 2000 483 citations
11. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 445 citations
12. National Health Act, 2003 430 citations
13. Sheriffs Act, 1986 351 citations
14. National Prosecuting Authority Act, 1998 204 citations
15. Maintenance Act, 1998 125 citations
16. Air Traffic and Navigation Services Company Act, 1993 111 citations
17. Mediation in Certain Divorce Matters Act, 1987 69 citations
18. Older Persons Act, 2006 57 citations
19. Protection from Harassment Act, 2011 55 citations
20. General Law Third Amendment Act, 1993 33 citations
21. Civilian Secretariat for Police Service Act, 2011 28 citations
22. Justice Laws Rationalisation Act, 1996 24 citations

Documents citing this one 91

Gazette 45
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 2007-08-01 number 30133
19. South Africa Government Gazette dated 2007-10-26 number 30401
20. South Africa Government Gazette dated 2007-11-02 number 30408
21. South Africa Government Gazette dated 2008-08-15 number 31330
22. South Africa Government Gazette dated 2008-11-05 number 31579
23. South Africa Government Gazette dated 2009-07-24 number 32433
24. South Africa Government Gazette dated 2011-05-16 number 34298
25. South Africa Government Gazette dated 2011-05-16 number 34299
26. South Africa Government Gazette dated 2011-09-20 number 34622
27. South Africa Government Gazette dated 2011-10-19 number 34692
28. South Africa Government Gazette dated 2011-12-05 number 34818
29. South Africa Government Gazette dated 2013-04-12 number 36369
30. South Africa Government Gazette dated 2014-02-20 number 37353
31. South Africa Government Gazette dated 2015-03-30 number 38622
32. South Africa Government Gazette dated 2015-08-28 number 39131
33. South Africa Government Gazette dated 2016-03-09 number 39792 part 1
34. South Africa Government Gazette dated 2018-07-19 number 41783
35. South Africa Government Gazette dated 2018-10-29 number 42005
36. South Africa Government Gazette dated 2020-05-08 number 43298
37. South Africa Government Gazette dated 2020-06-02 number 43383
38. South Africa Government Gazette dated 2020-08-07 number 43595
39. South Africa Government Gazette dated 2021-02-05 number 44173 part 1
40. South Africa Government Gazette dated 2021-06-18 number 44724 part 1
41. South Africa Government Gazette dated 2021-07-02 number 44799 part 1
42. South Africa Government Gazette dated 2022-01-28 number 45822
43. South Africa Government Gazette dated 2023-09-27 number 49372
44. South Africa Government Gazette dated 2023-11-10 number 49658
45. South Africa Government Gazette dated 2023-11-17 number 49720 part 1
Judgment 32
1. Helen Suzman Foundation v Judicial Service Commission [2018] ZACC 8 (24 April 2018) 28 citations
2. Union of Refugee Women and Others v Director, Private Security Industry Regulatory Authority and Others [2006] ZACC 23 (12 December 2006) 20 citations
3. S v Baloyi and Others (29/1999) [1999] ZACC 19 (3 December 1999) 17 citations
4. Volks NO v Robinson and Others [2005] ZACC 2 (21 February 2005) 16 citations
5. Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Eighteen Others v Minister of Home Affairs [2005] ZACC 20 (1 December 2005) 10 citations
6. Bwanya v Master of the High Court, Cape Town and Others [2021] ZACC 51 (31 December 2021) 7 citations
7. Du Toit and Another v Minister of Welfare and Population Development and Others [2002] ZACC 20 (10 September 2002) 7 citations
8. Ex Parte: Omar [2003] ZACC 13 (11 September 2003) 5 citations
9. Van der Westhuizen v S (266/2010) [2011] ZASCA 36 (28 March 2011) 3 citations
10. Omar v Government of the Republic of South Africa and Others [2005] ZACC 17 (7 November 2005) 2 citations
11. Canelli v Canelli and Others (205/2019) [2021] ZASCA 12 (3 February 2021) 1 citation
12. Minister of Safety and Security v Venter and Others (570/2009) [2011] ZASCA 42 (29 March 2011) 1 citation
13. Rudolph v S (484/2009) [2009] ZASCA 133 (30 September 2009) 1 citation
14. A C v Minister of Police and Another (82968/2014) [2024] ZAGPPHC 226 (6 March 2024)
15. Director of Public Prosecutions, Gauteng Divsion, Pretoria v Tsotetsi (170 of 2017) [2017] ZASCA 83 (2 June 2017)
16. Gopie v Pillay and Others (1622/23P) [2023] ZAKZDHC 64 (31 August 2023)
17. J D v A N (A3132/2021; A Quo 344/2021) [2024] ZAGPJHC 58 (26 January 2024)
18. Jonkers v Minister of Police and Another (10702/2016) [2018] ZAGPJHC 969 (20 December 2018)
19. Jugwanth v Varoy (A 3098/19) [2021] ZAGPJHC 147 (25 May 2021)
20. Maphosa v Minister of Police (10505/18) [2022] ZAGPJHC 471 (26 July 2022)
21. Matlala v Minister of Police (49653/2021) [2024] ZAGPPHC 244 (11 March 2024)
22. Matsena v Kiewiet (A193/2023) [2024] ZAGPPHC 449 (3 May 2024)
23. Minister of Police v Gqanqasi (A 209/17) [2018] ZAGPPHC 76 (28 February 2018)
24. Minister of Police v Gqanqasi (A 209/17) [2018] ZAGPPHC 78 (28 February 2018)
25. Mnyandu v Padayachi (AR 162/2014) [2016] ZAKZPHC 78 (1 August 2016)
26. S v Gulekane (HC 04/23; Magistrate's Case A18/2021; Magistrate's Review 5/2023) [2023] ZANWHC 591 (14 November 2023)
27. S v Kobe (B180/23) [2024] ZAGPJHC 63 (26 January 2024)
28. S v Lewis (Automatic Review) (54/2024) [2024] ZAWCHC 32 (26 February 2024)
29. S v Mkhonza (AR 357/2008) [2009] ZAKZPHC 9 (24 March 2009)
30. S v Moodley (A199/2022) [2023] ZAGPPHC 925 (16 August 2023)
31. Sedi v S (A35/2024) [2024] ZAFSHC 90 (15 April 2024)
32. Venter v S (945/2018) [2020] ZASCA 14 (24 March 2020)
Legislation 12
1. Superior Courts Act, 2013 1696 citations
2. Children's Act, 2005 537 citations
3. Firearms Control Act, 2000 483 citations
4. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 445 citations
5. Older Persons Act, 2006 57 citations
6. Protection from Harassment Act, 2011 55 citations
7. 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)
8. 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)
9. 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)
10. Domestic Violence Regulations, 2023
11. Firearms Control Regulations, 2004
12. Legal Aid of South Africa Regulations, 2017