Domestic Violence Act, 1998 (Act No. 116 of 1998)RegulationsDomestic Violence Regulations, 202210. Domestic violence safety monitoring notice (section 4A(1)(a)) |
| (1) | The application for a domestic violence safety monitoring notice must be made on a form which corresponds substantially with Form 9 of the Annexure. |
| (2) | If the court issues a domestic violence safety monitoring notice, it must do so on a form which corresponds substantially with Form 10 of the Annexure. |
| (3) | The clerk of the court must immediately, but no later than two hours after the application was dealt with by the court, notify the complainant in person, telephonically or electronically of the outcome of the application. |
| (4) | The clerk of the court must, upon the issue of the domestic violence safety monitoring notice contemplated in subregulation (2), serve the notice immediately on the station commander, contemplated in section 4A of the Act, by hand or electronically. |
(5)
| (a) | The station commander must immediately after receiving the domestic violence safety monitoring notice, assign a member of the South African Police Service to serve the notice on the respondent. |
| (b) | The member who has been assigned must— |
| (i) | within 24 hours of being assigned, serve the respondent with a copy of the notice without the Annexure thereto by hand or electronically; |
| (ii) | contact the complainant immediately after service on the respondent; |
| (iii) | if the application or domestic violence safety monitoring notice could not be served, contact the complainant in person or telephonically for assistance on the whereabouts of the respondent, for the purpose of serving the respondent with the notice; |
| (iv) | as soon as is reasonably possible, but no later than 12 hours after service on the respondent, submit a return of service which corresponds substantially with Form 40 of the Annexure to the clerk of the court by hand or electronically; and |
| (v) | if, notwithstanding assistance contemplated in subparagraph (iii), the respondent could still not be served, the member must, within 12 hours of the inability to serve, file a return of non-service, which must state the reason for non-service. |
(6)
| (a) | Upon receipt of the return of service or non-service of the domestic violence safety monitoring notice on the respondent, the clerk of the court must immediately notify the complainant, telephonically or electronically, of the service or non-service of the notice. |
| (b) | The clerk of the court must upload and capture the notice and the information relating to the return of service or non-service on the integrated electronic repository. |
(7)
| (a) | A report by the member must be on a form which corresponds substantially with Form 11 of the Annexure. |
| (b) | The report must— |
| (i) | state when and how the member contacted the complainant upon receipt of the notice; |
| (ii) | state, when the member communicated with the complainant, if— |
| (aa) | the complainant or a related person appeared to have been hurt or threatened with harm; |
| (bb) | there was any damage or threat of damage to property; and |
| (cc) | any household pet or other animal whose welfare affects the complainant’s well-being was harmed or threatened with harm; |
| (iii) | if the complainant appeared to have been hurt or threatened, state what information was given to the complainant, including— |
| (aa) | referral for medical assistance; |
| (bb) | referral to a shelter; or |
| (cc) | the opening of a criminal complaint; and |
| (iv) | be filed with the clerk of the court by hand or electronically within 48 hours after the expiry of the period stated in the notice. |
| (c) | The member must use a single Form 11 of the Annexure to report on— |
| (i) | every contact made with the complainant; and |
| (ii) | the outcome of monitoring the complainant’s safety. |
| (d) | The clerk of the court must capture the report on the ICMS. |