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

Regulations

Domestic Violence Regulations, 2022

24. Form and manner of notifying parties of extended date of hearing (section 6(2A) and (2B)(b))

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(1) If the court extends the interim protection order and the return date, as contemplated in section 6(2A)(a) of the Act, or discharges the interim protection order as contemplated in section 6(2A)(b) of the Act, it must do so on a form which corresponds substantially with Form 31 of the Annexure.

 

(2) A notification contemplated in section 6(2A)(a) of the Act, must be on a form which corresponds substantially with Form 32 of the Annexure.

 

(3) The completed forms referred to in sub-regulations (1) and (2), must be served by the clerk of the court on the complainant and the respondent by hand or electronically.

 

(4) If the clerk of the court is not able to serve the complainant or the respondent or both the complainant and the respondent, the clerk of the court must complete—
(a) a form which corresponds substantially with Form 40 of the Annexure: a return of non-service; and
(b) a form which corresponds substantially with Form 41 of the Annexure: request for authorisation of alternative manner of service,

and approach the court for authorisation of an alternative manner of service.

 

(5) After the service has been effected in terms of subregulation (3), the clerk of the court must—
(a) capture Form 40 and Form 41 on the ICMS; and
(b) record the relevant information relating thereto in the integrated electronic repository.