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

Regulations

Domestic Violence Regulations, 2022

28. Written notice to respondent to appear before court (section 8(4)(c))

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(1) A written notice contemplated in section 8(4)(c) of the Act must—
(a) be made on a form which corresponds substantially with Form 36 of the Annexure; and
(b) be captured by the clerk of the court on the ICMS.

 

(2) The member of the South African Police Service must—
(a) file a copy of the written notice in the docket which must be submitted to the prosecutor on or before the date of hearing; and
(b) submit a copy of the written notice by hand or electronically to the clerk of the court dealing with protection orders in terms of the Act.

 

(3) Any respondent who is called upon to appear before the court in accordance with a written notice referred to in sub-regulation (1), and who fails to—
(a) appear at the place and on the date and time specified in that notice; or
(b) remain in attendance at the proceedings,

is guilty of an offence and on conviction, is liable to a fine or to imprisonment for a period not exceeding one year.

 

(4) The court may, if satisfied from the duplicate notice referred to in section 8(4)(d) of the Act that—
(a) the notice was handed to the respondent and that the respondent has failed to appear at the place and on the date and time specified in the notice; or
(b) the respondent has failed to remain in attendance at the proceedings concerned,

issue a warrant for the respondent's arrest.