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

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[Domestic Violence Act, 1998 Arrangement of Sections substituted/inserted by section 1 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]

 

Notice No. 1551 of 1998

Act

Preamble

1. Definitions and interpretation

2. Duty to assist and inform complainant of rights

2A. Obligations of functionaries relating to domestic violence

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

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

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

4. Application for protection order

4A. Domestic violence safety monitoring notice

5. Consideration of application and issuing of interim protection order

5A. Attendance of witnesses

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

5C. Existing and reciprocal orders or applications

6. Issuing of final protection order

6A. Integrated electronic repository for domestic violence protection orders

7. Court's powers in respect of protection order

8. Warrant of arrest upon issuing of protection order

9. Seizure of weapons

10. Variation or setting aside of protection order

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

12. Jurisdiction

13. Service of documents

14. Legal representation

15. Orders as to costs of service and directions

16. Appeal and review

17. Offences

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

18A. Directives for clerks of court

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

19. Regulations

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

20. Amendment of Laws

21. Repeal of laws and savings

22. Short title and commencement