Protection from Harassment Act, 2011 (Act No. 17 of 2011)

Notices

National Instruction 1/2013 : Protection from Harassment

6. Investigation to ascertain the name and address of the respondent as directed by a court
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(1)A court may, if it is satisfied that a protection order must be issued as a result of the alleged harassment of the complainant or a related person and the identity or address of the respondent is not known, direct the relevant station commander in terms of section 5(2) of the Act, or any member in terms of section 6(1)(b) of the Act, to investigate the matter to determine the name and address of the respondent or to obtain any other information which may assist the Police to identify or trace the respondent .

 

(2)If the direction referred to in subparagraph (1) is served on the relevant station commander, he or she must immediately instruct  a member under his or her command to investigate the matter.

 

(3)The Police may utilise the information provided by the complainant or any other person to identify the name and address of the respondent .

 

(4)The station commander must, on form SAPS 590(a), within the time period specified by the court, provide the information gathered during the course of the investigation, together with an affidavit of the member that had conducted the investigation (on form SAPS 590(b)) .

 

(5)In terms of section 5(3)(b) of the Act, the relevant station commander may, subject to subparagraph (6), on form SAPS 590(c) apply to the court for -
(a)an extension of the time period specified in the direction of the court on the ground that the information cannot be provided within the time period specified by the court; or
(b)the cancellation of the direction on the ground that, after a reasonable investigation of the matter, the Service is unable to determine the name and address of the respondent or gather any other information to identify or trace the respondent.

 

(6)If the station commander considers to have the time period extended or to request the court to cancel the direction, he or she must explain (on the SAPS 590(c)) the steps already taken to investigate the matter, the difficulties encountered and measures that may possibly assist the court. (If the station commander has reason to believe that a certain person has information that may assist the court to determine the name and address of the respondent and that he or she refuses to provide this information, the station commander may request the court to summon the person as a witness.)

 

(7)The station commander must consult the relevant provincial legal services; before he or she applies to court for an extension of the time period as directed by the court or the cancellation of the direction of the court. The relevant provincial legal services must assist the station commander in the preparation of the application.

 

(8)The application by the station commander for the extension of the period within which the information must be provided to court (or for the cancellation of the direction) must be filed with the clerk of the court -
(a)by delivering the completed application (SAPS 590(c)) to the clerk of the court personally and obtaining an acknowledgment of receipt from him or her; or
(b)by sending the completed application (SAPS 590(c)) by fax to the fax number of the clerk of the court (as provided for in Regulation 29): Provided that the transmission verification report is kept, an OB entry is made in this regard and a statement (SAPS 590(f)) is completed. The SAPS 590(c), transmission verification  report and statement (SAPS 590(f)) of the station commander must be kept as proof that the application was made and faxed.

 

(9)Once a court has considered the application, the court  may request additional information by way of an affidavit from the station commander. This must be furnished on form SAPS 590(d), in accordance with the direction of the court. The station commander will be informed by the clerk of the court by means of a "Decision of court"-form regarding the outcome of the application made by him or her.