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

Regulations

Domestic Violence Regulations, 2022

1. Definitions and interpretation
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(1) In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—

 

'electronically'

in relation to service of any document in terms of these Regulations, means to serve by any electronic medium including facsimile, electronic mail, short message service, multimedia messaging service or other social media;

 

'ICMS'

means integrated case management system;

 

'material interest'

includes an interest in the economical, financial, physical, psychological, medical or emotional well-being;

 

'official language'

means Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu;

 

'older person'

means a person who, in the case of a male, is 65 years of age or older and, in the case of a female, is 60 years of age or older, in accordance with the Older Persons Act, 2006 (Act No. 13 of 2006);

 

'online portal'

means a web-based platform specially designed to provide a complainant or any person with an entryway to applying for a domestic violence protection order and access to related information and documents;

 

'social media'

includes the various online technology tools, forms and electronic communication via the internet, such as websites and applications for social networking and micro blogging through which users create online communities to share information, ideas, personal messages and other content; and

 

'the Act'

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

 

(2) Any document that is—
(a) scanned from an original document;
(b) created electronically;
(c) uploaded to or downloaded from the integrated electronic repository; or
(d) uploaded to or downloaded from an online portal,

is regarded as an original document.

 

(3) If any document that requires to be made under oath or on affirmation is submitted electronically or through the online portal, the clerk of the court may administer the oath or affirmation through an audio-visual communication with the person required to sign the document: Provided that the document is signed before the oath or affirmation is administered.