Prevention of Family Violence Act, 1993 (Act No. 133 of 1993)3. Execution of warrant of arrest |
| (1) | Subject to the provisions of section 2(3) a warrant of arrest issued and suspended in terms of section 2(2) may be executed by a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), upon receipt of an affidavit in which it is stated that the respondent has breached any of the conditions contained in the order contemplated in section 2(2). |
| (2) | A respondent arrested in terms of subsection (1)— |
| (a) | shall not be released unless a judge or magistrate orders his release; and |
| (b) | shall as soon as possible but not later than 24 hours after his arrest be brought before a judge or magistrate by a peace officer contemplated in subsection (1). |
| (3) | Subject to the provisions of this section, all the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), relating to the form and manner of execution of warrants of arrest, the arrest, detention, searching and other treatment necessary for the control of persons named in warrants of arrest, shall mutatis mutandis apply in respect of warrants of arrest issued under section 2(2). |
| (4) | The judge or magistrate before whom a respondent is brought in terms of subsection (2) shall enquire into the respondent's alleged breach of the conditions of the order made in terms of section 2(2) and may at the conclusion of such enquiry— |
| (a) | order the release of the respondent from custody; or |
| (b) | convict the respondent of the offence contemplated in section 6. |
| (5) | The provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), relating to the procedure which shall be followed in respect of an enquiry referred to in section 170 of that Act, shall apply mutatis mutandis in respect of an enquiry under subsection (4). |