Protection from Harassment Act, 2011 (Act No. 17 of 2011)NoticesNational Instruction 1/2013 : Protection from Harassment8. Issuing of a protection order by the court |
| (1) | Whenever a protection order has been issued by a court (irrespective of whether it is an interim or final order), certified copies of the order and warrant of arrest (which is suspended on the condition that the respondent complies with the order) will be forwarded to the police station identified by the complainant. |
| (2) | A copy of every protection order and warrant of arrest that is received at the police station, must be filed in a separate file (under reference 39/4/3/1) opened in accordance with the Registration and Record Control Procedure which forms part of the Record Classification System. Every file must be allocated a case reference to facilitate finding it (e.g. 39/4/3/1(1) Piet Nel). The number of the case (in the above example (1)), must correspond with the number appearing in the index system created as set out in the fourth paragraph under section 16.2 of the Registration and Record Control Procedure. These files must be kept for a period of 5 years in a place that is accessible after hours, to ensure that they are readily available for checking purposes in the event of an alleged breach of the protection order. |
| (3) | Disposal of the aforementioned files must take place in accordance with the approved disposal authorisation. |
| (4) | A protection order remains in force for a period of five (5) years, or such further period determined by the court, unless it is set aside. |
| (5) | A court may, in terms of section 10(3)(b) of the Act , order a station commander to investigate the matter, with a view to the possible opening of a docket in respect of the conduct of the respondent . |