Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 5 : Protection for Older Persons27. Written notice to alleged offender |
| (1) | A police official to whom a report contemplated in section 25(4)(6) has been made or who is satisfied that it will be in the best interests of the older person if the alleged offender is removed from the home or place where the older person resides, must issue a written notice which— |
| (a) | specifies the names, surname, residential address, occupation and status of the alleged offender; |
| (b) | calls upon the alleged offender to leave the home or place where the older person resides and refrain from entering such home or place or having contact with the older person until the court hearing specified in paragraph (c); |
| (c) | calls upon the alleged offender to appear at a magistrates’ court having jurisdiction on a date and at a time specified in the written notice to advance reasons why he or she should not be permanently prohibited from entering the home or place where the older person resides: Provided that the date so specified must be the first court day after the day upon which the notice is issued; and |
| (d) | contains a certificate under the hand of the police official that he or she has handed the original of such written notice to the alleged offender and that he or she has explained to the alleged offender the importance thereof. |
| (2) | The police official must forthwith forward a duplicate original of the written notice to the clerk of the magistrates’ court concerned. |
| (3) | The mere production to the magistrates’ court of the duplicate original referred to in subsection (2) is primafacie proof of the issue of the original thereof to the alleged offender and that such original was handed to the offender. |
| (4) | Section 55 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) apply, with the necessary changes, to a written notice handed to an alleged offender in terms of subsection (1). |
| (5) | A magistrates’ court before which an alleged offender to whom a written notice in terms of subsection (1) has been issued, appears, may summarily inquire into the circumstances which gave rise to the issuing of the notice. |
| (6) | The magistrates’ court may, after having considered the circumstances which gave rise to the issuing of the written notice and after having heard the alleged offender— |
| (a) | issue an order prohibiting the alleged offender from entering the home or place where the older person resides or from having any contact with the older person, or both from entering such home or place and having contact with the older person, for such period of time as the court deems fit; |
| (b) | order that the alleged offender may enter the home or the place where the older person resides or have contact with the older person upon such conditions as would ensure that the best interests of the older person are served; |
| (c) | order that the alleged offender will be responsible for the maintenance of his or her family during the period contemplated in paragraph (a); or |
| (d) | make such other order with regard to the matter as the court deems fit. |
| (7) | Misuse of a power referred to in subsection (1) by a police official constitutes grounds for disciplinary proceedings contemplated in section 40 of the South African Police Service Act, 1995 (Act No. 68 of 1995), against such police official. |
| (8) | A person is guilty of an offence if that person— |
| (a) | has been issued with a written notice contemplated in subsection (1) and— |
| (i) | refuses to leave the home or place where the older person resides; or |
| (ii) | has contact with the older person in contravention of the written notice; |
| (b) | contravenes or fails to comply with an order of the magistrates’ court issued in terms of subsection 6 or with any condition contained in such order. |