Domestic Violence Act, 1998 (Act No. 116 of 1998)Domestic Violence National Instruction 7/19997. Duty to render general assistance to the complainant |
| 1) | In terms of the Domestic Violence Act a complainant may approach the Service for assistance at any time, irrespective of when or where the incident took place. Where a criminal charge is laid by the complainant, it is the responsibility of the member receiving the complaint to open a docket and have it registered for investigation and the member may not avoid doing so by directing the complainant to counselling or conciliation services. |
| 2) | When a member locates a complainant after having received a complaint of domestic violence or the complainant reports an incident of domestic violence at the Community Service Centre, such assistance as may reasonably be required in the circumstances must be rendered to the complainant. |
| 3) | To comply with this duty, a member – |
| a) | must render such assistance as may be required by station orders provided for in paragraph 3(6)(c) (above) including assistance to the complainant to lay a criminal charge; and |
| b) | may, where it is reasonable to do so, contact a family member or friend of the complainant to render support to the complainant. |
| 4) | Any assistance rendered to the complainant in terms of subparagraphs (1) -(3) must – |
| a) | if it is rendered at the Community Service Centre, be recorded in the Occurrence Book; or |
| b) | if it is rendered at another place, be recorded in the Pocket Book (SAPS 206) of the member rendering the assistance. |