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

Notices

Directives in terms of Section 18A of the Act

3. Availability of supervisor and clerk of court to receive applications for protection orders after-hours
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(1) The court manager must compile an after-hours duty roster for each month.

 

(2) The supervisors and clerks of the courts must comply with the roster.

 

(3) The court manager must—
(a) send the updated monthly roster to the station commanders of the local police stations;
(b) ensure that it is displayed on the notice board of the court; and
(c) post it on the website of the Department of Justice and Constitutional Development.

 

(4) The monthly roster must contain the following:
(a) the contact details of all allocated personnel for each shift with times, day, week or month;
(b) the name and contact details of the supervisor and clerks on duty for each allocated shift with times, day, week or month;
(c) the name and contact details of the court manager and office manager who can be contacted in case of emergency, or when the clerk of the court or supervisor cannot be found, who must assist with applications for protection orders; and
(d) the online portal information.

 

(5) The contact details must include a telephone or cell phone number and an email address, where they can be contacted after-hours.

 

(6) The court manager must ensure that the clerk of the court who is on after-hours duty is allocated the necessary equipment to be able to deal with after-hours applications, including applications received electronically or on the online portal.

 

(7) The supervisor and clerk of the court designated to perform duties in terms of the Act after-hours must at all allocated times in terms of the monthly roster be available to be contacted telephonically or electronically, to receive an application for a protection order and to perform any other duty imposed on a clerk of the court in terms of the Act, the Regulations and these directives.

 

(8) The supervisor on duty or, if not present, the court manager on duty is responsible for contacting a magistrate who has been designated to consider an urgent application for a protection order which is brought after-hours.