Domestic Violence Act, 1998 (Act No. 116 of 1998)RegulationsDomestic Violence Regulations, 20228. Manner in which clerk of court must inform complainant or person not represented by legal practitioner (section 4(2)) |
| (1) | The clerk of the court must, if the complainant is not represented by a legal practitioner, and before the complainant applies for a protection order— |
| (a) | hand to the complainant a written notice which contains the information provided for in Form 8 of the Annexure, which must be in one of the official languages of choice of the complainant; |
| (b) | read the notice or cause the notice to be read to the complainant, if they are unable to read the notice; |
| (c) | inquire from the complainant whether the complainant— |
| (i) | understands the contents of the notice; and |
| (ii) | require further information concerning the relief available in terms of the Act, and the right to lodge a criminal complaint; |
| (d) | on request of the complainant, further explain, to the best of the ability of clerk of the court— |
| (i) | any part of the notice which the complainant does not understand; and |
| (ii) | the relief available in terms of the Act and the right to lodge a criminal complaint; |
| (e) | inform the complainant of the requirement to confirm in writing that there has been compliance with section 4(2) of the Act and this regulation; and |
| (f) | the clerk of the court must scan and capture the confirmation on the ICMS, and file the said confirmation in the court file. |
(2)
| (a) | The information contained in Form 8 of the Annexure must be available on the online portal platform in all the official languages. |
| (b) | The complainant must confirm on the online portal that the notice was read and understood, if the online portal platform was used. |
| (3) | The provisions of this regulation will apply equally, with the necessary changes, to a person contemplated in section 4(3) of the Act. |