Domestic Violence Act, 1998 (Act No. 116 of 1998)

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

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(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 the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]