Protection from Harassment Act, 2010 (Act No. 17 of 2010)RegulationsProtection from Harassment Regulations, 201316. Manner of requesting additional evidence by way of affidavit from station commander and form of affidavit (Section 5(4)(b)) |
| (1) | A request for additional evidence in terms of section 5(4)(b) of the Act must correspond substantially with Form 14 of the Annexure. |
| (2) | The request must be completed in duplicate and the original must be served by the the clerk of the court or sheriff identified by the court in the manner prescribed by regulation 28. |
| (3) | After service of the request for additional evidence has been effected in terms of subregulation (2), paragraph 6 of the duplicate original of Form 14 must be completed, as the circumstances require — |
| (a) | by the clerk of the court who must file the duplicate original of the request on the court file; or |
| (b) | by the sheriff who must hand the duplicate original of the request to the clerk of the court, who must file the form on the court file. |
| (4) | On receipt of the request, the station commander must furnish the requested evidence by way of an affidavit in a form which corresponds substantially with Form 15 of the Annexure, which must be filed with the clerk of the court — |
| (a) | by delivering the affidavit to the clerk of the court personally; or |
| (b) | by filing the affidavit in the manner prescribed by regulation 29 with the clerk of the court identified in the direction. |
| (5) | If the affidavit is filed with the clerk of the court in terms of subregulation (4)(a), the clerk of the court must acknowledge receipt on the duplicate original of the affidavit and hand the duplicate original back to the person who filed the affidavit with the clerk of the court. |
| (6) | The clerk of the court must on receipt of the requested additional evidence submit it to the magistrate for consideration. |