Domestic Violence Act, 1998 (Act No. 116 of 1998)3A. Entering of private dwelling 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 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]