Domestic Violence Act, 1998 (Act No. 116 of 1998)RegulationsDomestic Violence Regulations, 202218. Manner of requesting additional evidence from electronic communications service provider and form of affidavit by electronic communications service provider (section 5B(4)(b)) |
| (1) | A request for additional evidence, as contemplated in section 5B(4)(b) of the Act, must be made on a form which corresponds substantially with Form 20 of the Annexure. |
| (2) | The request must be served by the clerk of the court identified by the court on an electronic communications service provider by hand or electronically. |
| (3) | After the service of the request has been effected in terms of subregulation (2), the clerk of the court must capture the request and return of service on the ICMS, and record the relevant information relating thereto in the integrated electronic repository. |
| (4) | On receipt of a request, the electronic communications service provider must furnish the requested evidence by way of an affidavit which corresponds substantially with Form 21 of the Annexure, which must be submitted to the clerk of the court by hand or electronically. |
| (5) | The clerk of the court must, on receipt of the requested additional evidence— |
| (a) | capture the said evidence on the ICMS; and |
| (b) | submit it to the court for consideration. |