Protection from Harassment Act, 2010 (Act No. 17 of 2010)

Regulations

Directives in Terms of Section 20(3) of the Protection from Harassment Act, 2011

4. Assistance to be rendered by clerk of court to complainant or person who applies for protection order and who is not represented by a legal representative
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(1) In terms of section 2(2) of the Act and regulation 2 of the Regulations it is imperative that the information notice (Form 1 of the Annexure to the Regulations), be handed to the complainant or person who applies for a protection order on behalf of the complainant (hereinafter referred to as "the person") and who is not represented by a legal representative.

 

(2) The information notice must be furnished to the complainant or the person in the official language of the complainant or the person's choice, if available. If the information notice is not available in the official language of the complainant or the person's choice, the clerk of the court must—
(a)make use of an interpreter to translate the information notice for the complainant or the person; and
(b)make a note on the information notice that the content thereof was translated for the complainant or the person.

 

(3) If the complainant or the person is unable to read the information notice, the clerk of the court must read out or cause the information notice to be read out to the complainant or the person.

 

(4) After the complainant or the person has read the information notice, or after it has been read to the complainant or the person, the clerk of the court must enquire from the complainant or the person whether he or she understands the contents of the information notice. The clerk of the court must, to the best of his or her ability, further explain to the complainant or the person any part of the information notice which the complainant or the person does not understand.

 

(5) The signature of the complainant or the person must be placed on the appropriate part of the information notice that there has been compliance with regulation 2 of the Regulations and this part of the information notice must be placed on the court file if the complainant or the person proceeds with the application.