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

Regulations

Domestic Violence Regulations, 1999

3. Explanation of notice

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For purposes of section 2(c) of the Act a member of the South African Police Service must -

a)explain to the complainant -
i)that a member of the South African Police Service will render such assistance as circumstances may require, including assisting or making arrangements to find a suitable shelter and to obtain medical treatment;
ii)his or her right to apply for a protection order to prohibit the respondent from committing further acts of domestic violence, even if no criminal complaint has been lodged, so as to ensure his or her safety, health and well-being;
iii)his or her right to lodge a criminal complaint; and
iv)the purpose of the notice;
b)if the complainant is unable to read the notice, read the notice referred to in regulation 2 to the complainant, or take such reasonable steps as may be necessary to have the notice read to the complainant;
c)inquire from the complainant whether he or she–
i)understands the contents of the notice; and
ii)requires further information regarding his or her remedies in terms of the Act and the right to lodge a criminal complaint;
d)explain, to the best of his or her ability, to the complainant on request
i)any part of the notice which the complainant does not understand; and
ii)his or her remedies in terms of the Act and the right to lodge a criminal complaint; and
e)inform the complainant to obtain further information from the clerk of the magistrate’s court should questions of the complainant remain unanswered.