Protection from Harassment Act, 2011 (Act No. 17 of 2011)11. Warrant of arrest upon issuing of protection order |
| (1) | Whenever a court issues a protection order, including an interim protection order, the court must make an order— |
| (a) | Authorising the issue of a warrant for the arrest of the respondent, in the prescribed form; and |
| (b) | Suspending the execution of that warrant subject to the compliance with any prohibition, condition, obligation or order imposed in terms of section 10. |
| (2) | The warrant referred to in subsection (1)(a) remains in force unless the protection order expires in terms of section 9(8), is set aside, or is cancelled after execution. |
| (3) | The court may issue the complainant with a second or further warrant of arrest, if the complainant files an affidavit in the prescribed form in which it is stated that the warrant is required for his her protection and that the existing warrant of arrest has been— |
| (a) | executed and cancelled; or |
| (b) | lost or destroyed |
| (4) |
| (a) | A complainant may hand the warrant of arrest, together with an affidavit in the prescribed form, wherein it is stated that the respondent has contravened any specified prohibition, condition, obligation or order contained in a protection order, to any member of the South African Police Service; |
| (b) | if it appears to the member of the South African Police Service concerned that, subject to subsection (5), there are reasonable grounds to suspect that the complainant or related person is suffering from harm or may suffer imminent harm as a result of the alleged breach of the protection order by the respondent, the member must immediately arrest the respondent for allegedly committing the offence referred to section 18(1)(a); |
| (c) | if the member of the South African Police Service concerned is of the opinion that there are insufficient grounds for arresting the respondent in terms of paragraph (b), he or she must immediately hand to the respondent a written notice in the prescribed form, which— |
| (i) | specifies the name, residential and work address and the occupation or status of the respondent; |
| (ii) | calls upon the respondent to appear before the court on the date and at the time specified in the notice, on a charge of committing the offence referred to in section 18(1)(a); and |
| (iii) | contains a certificate signed by the member of the South African Police Service concerned to the effect that he or she handed the original notice to the respondent and that he or she explained its import to the respondent; |
| (d) | the member of the South African Police Service must immediately forward a duplicate original of a notice referred to in paragraph (c) to the clerk of the court concerned, and the mere production in the court of such a duplicate original is prima facie proof that the original was handed to the respondent specified therein. |
| (5) | In considering whether or not the complainant or related person is suffering harm or may suffer imminent harm, as provided for in subsection (4)(b), the member of the South African Police Service must take into account the— |
| (a) | risk to the safety or well-being of the complainant or related person; |
| (b) | seriousness of the conduct comprising an alleged breach of the protection order; |
| (c) | length of time since the alleged breach occurred; and |
| (d) | nature and extent of harm previously suffered by the complainant or related person. |
| (6) | Whenever a warrant of arrest is handed to a member of the South African Police Service in terms of subsection (4)(a), the member of the South African Police Service must inform the complainant of his or her right simultaneously to lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge. |