Domestic Violence Act

2 December I998 No. 155 1. 2 Dcszmber 1998 It is hereby notified following Act which intormation:-- that the President has acnented is hereby published to the for general Hierby word bekend gemaak dat die President keuring geheg het xm die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- trr No. I16 of 19%: Domestic Violence Act, 199X. No. 116 van 1998: Wet op Gesinsgeweld, 199X 2 No. 19.537 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 116,199s DOMESTIC VIOLENCE ACT. 1998 GENERAL EXPLANATORY NOTE: Words underlined with a solid existing enactments. line indicate insertions in (Eqlish text signed by the President.) (Assented to 20 November 1998.) ACT To provide and for matters connected for the issuing of protection orders with regard to domestic violence; therewith. PREAMBLE RECOGNISING that domestic violence incidence of domestic violence within South African society; violence are among takes on many forms; that acts of domestic violence may be committed of domestic domestic violence have proved to be ineffective: the most vulnerable members of society; and that the remedies currently available is a serious social evil; that there is a high that victims of domestic that domestic violence in a wide range to the victims of relationships: to equality to the Constitution AND HAVING REGARD right commitments including obligations under the United Nations Conventions children, tion of all Forms of Discrimination Agiainst Women and the Rights of the Child; and obligations of the State towards ending violence against women and on the Elimina- to freedom and security of the person: and the international of South Africa, and in particular, and the IT IS THE PURPOSE maximum protection measures which seek to ensure provisions elimination of this Act, and of domestic violence. from domestic abuse of this Act to afford the the victims of domestic violence that the law can provide; and to introduce that the relevant organs of state give full effect to the to the that the State is committed thereby KO convey B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions

1. In this Act. unless the context indicates otherwise- (i) (ii) (iii) “arm” means any arm as defined l(1) or any armament as defined in section in section 32( 1) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969); (xxiii) “clerk of the court” means in terms of section 13 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and includes an assistant clerk of the court s,o appointed; “complainant” means relationship with a respondent subjected complainant; in a domestic and who is or has been subjected or allegedly including any child in the care of the to an act of domes,tic violence, ;a clerk of the court appointed any person who is or has been (xvi) (xv) 5 10 J No. 19537 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 116, 1998 DOMESTIC VIOLENCE ACT. 1998 (iv) (v) (viii) (ix) (x) (xi) in the Magistrates’ Courts Act, 1944 in terms of an Act of to property” mean:; the wilful damaging or destruction of property has a vested interest; to a complainant or in which the complainant 5 (xiii) “court” means any court contemplated (Act No. 32 of 1944) or any family court established Parliament; “damage belonging (iii) “dangerous weapon” means any weapon Dangerous Weapons Act, 1968 (Act No. 71 of 1968); (xi) relationship” me:ans a relationship “domestic in any of the following ways: respondent as defined in section 1 of the between a complainant and a 10 to to each other, including marriage according in the nature of marriage, although to each other, or are not able to be married they are of the same or of the opposite sex) live or lived they are not, to each they are or were married any law, custom or religion; they (whether together in a relationship or were not, married other; they are the parents of a child or are persons who have or had parental responsibility they are family members they are or were in an engagement, including an actual or perceived of any duration; or they share or recently “domestic violence” means,- for that child (whether or not at the same time); related by consanguinity, affinity or adoption; relationship. intimate or sexual relationship !shared the same residence; dating or customary romantic, (x) emotional, verbal and psychological abuse; physical abuse; ((7) (19) sexual abuse; fc) (d) economic abuse; intimidation; (c) If) harassment: (,q) stalking; (/I) damage (i) residence without consent, where the parties to property: entry into the complainant’s do not share the same residence; or any other controlling or abusive behaviour fj) where such conduct harms, or may cause imminent harm to, the safety. health or wellbeing of the complainant; abuse” “economic towards a complainant, includes- (ix) (n) (b) has a.n interest; for the complainant, (v) relief” means compensation is entitled under law or which the complainant including household necessities to which the unreasonable deprivation of economic or financial resources requires out a complainant and of necessity, mortgage bond repayments or payment of rent in respect of the shared residence; or the unreasonable disposal of household effects or other property in which the complainant “emergency monetary suffered by a complainant result of the domestic violaence, including- (a) (h) medical and dental expenses; (c) relocation and accommodation (d) household necessities; “emotional, verbal and psychological humiliating (u) (h) (c) losses at the time of the issue of a protection order as a repeated repeated the repeated exhibition of obsessive possessiveness such as to constitute liberty, integrity or security; insults, threats to cause emotional pain; or or jealousy, which is privacy, abuse” means a pattern of degrading or invasion of the complainant’s ridicule or name calling; towards a complainant, loss of earnings; for monetary expenses; 0’ including- a serious conduct (viii) (vi) 15 20 25 30 35 40 4.5 50 55 (xii) “harassment” means engalging in a pattern of conduct harm to a complainant including- that induces the fear of 60 6 No. 19537 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 116,1998 DOMESTIC VIOLENCE ACT, 1998 (4 (bl to be; the complainant resides, works, carries on business, repeatedly watching. or loitering outside of or near the building or place where studies OI happens repeatedly making another person telephone calls to the complainant, whether or not conversation repeatedly sending, telegrams, packages, complainant; or causing of electronic mail or other objects to make ensues; letters, to the telephone calls or inducing delivering facsimiles, the delivery (vii) fear; (xiv) act of physical violence in section 1 of the Criminal order” means an order issued a threat, or causing a complain- in terms of a regulation made under section (xx) “intimidation” means uttering or conveying ant to receive a threat, which induces “member of the South African Police Service” means any member as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); (xvii) “peace officer” means a peace officer as defined Procedure Act, 1977 (Act No. 51 of 1977); (xxii) “physical abuse” means any act or threatened towards a complainant; “prescribed” means prescribed 19; (xxi) “protection section 6, excludes an interim protection order; (iv) “residence” (xxiv) “respondent” means any person who is or has been in a domestic relationship with a complainant domestic violence against “sexual otherwise violates “sheriff’ means a sheriff appointed 1986 (Act No. 90 of 1986) or an acting sheriff appointed 5( 1) of the said Act; (ii) “stalking” means repeatedly ant; (i) “this Act” includes in terms of section 2( 1) of the Sheriffs Act, in terms of section and who has committed or allegedly committed an act of the sexual integrity of the complainant; in terms of section 5 or 6 but, in following, pursuing, or accosting the elderly and the disabled: abuse” means any conduct that abuses, humiliates, the complainant; the regulations. the complain- degrades or for children, institutions includes (xviii) (xix) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) Duty to assist and inform complainant of rights 5 10 15 20 25 30 35

2. Any member of the South African Police Service must, at the scene of an incident of domestic violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence to thle complainant assisting or making arrangements as may be required in the for the complain- 40 treatment; to do so, hand a notice containing information as language of the complainant’s (a) (bl is reported- such assistance including render circumstances, ant to find a suitable shelter and to obtain medical if it is reasonably possible prescribed choice; and if it is reasonably possible such notice disposal applicable. in the prescribed manner, to the complainant to do so, explain in the official including in terms of this Act alnd the right to lodge a criminal complaint, to the complainant the content of the remedies at his or her if 45 Arrest by peace officer without warrant

3. A peace officer may without warrant arrest any respondent at the scene of an 50 incident of domestic violence whom he or she reasonably an offence containing an element of violence against a complainant. suspects of having committed 8 No. 19537 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 116. 1998 DOMESTIC VIOLENCE ACT. 1998 Application for protection order 4. (I ) Any complainant may in the prescribed manner apply to the court for a protection order. (2) If the complainant is not represented by a legal representative, the clerk of the court must inform the complainant. in the prescribed manner- (n) of the relief available (b) of the right to also lodge a criminal in terms of this Act; and complaint against criminal offence has been committed by the respondent. the respondent. if a (3) Notwithstanding the provisions of any other law, the application may be brought on behalf of the complainant a counsellor, health service by any other person, including provider. member of the South African Police Service, social worker or teacher, who has a material must be brought with the written consent of the complainant, where the complainant that the application except in circumstances in the wellbeing of the complainant: Provided interest is- retarded; (a) a minor; (h) mentally (c) unconscious; ((1) a person whom the court is, satisfied is unable the provisions (4) Notwithstanding or to provide the required consent. of any other law, any minor, or any person on s IO IS behalf of a minor, may apply to the court for a protection order without the assistance of 20 a parent, guardian or any other person. (5) The application referred to in subsection court hours or on a day which is not an ordinary court day, if the court is satisfied the complainant may suffer undue hardship immediately. if the application (I) may be brought outside ordinary that is not dealt with 25 (6) Supporting may accompany affidavits by persons who have knowledge of the matter concerned the application. (7) The application and affidavits must be lodged with the clerk of the court who shall forthwith submit the application and affidavits to the court. Consideration of application and issuing of interim protection order 30 5. (1) The court must as soon as is reasonably to it in terms of sectiotn 4(7) and may, for that purpose, consider submitted evidence as it deems fit, including additional which shall form part of the record of the proceedings. possible consider an application such oral evidence or evidence by affidavit, (2) If the court is satisfied that there is prima facie evidence that- 35 (a) the respondent and is committing, or has committed an act of domestic violence; (b) undue hardship may be rsuffered by the complainant as a result of such domestic violence if a protection order is not issued immediately, the court must, notwithstanding the proceedings contemplated the respondent, in subsection in the prescribed manner. the fact that the respondent has not been given notice of 40 (l), issue an interim protection order against (3) (a) An interim protection order must be served on the respondent in the prescribed manner and must call upon the respondent the order why a protection order should not be issued. to show cause on the return date specified in (61 A copy of the application noted in terms of subsection interim protection order. referred to in section 4( 1) and the record of any evidence together with the (1) must be served on the respondent (4) If the court does not issue an interim protection order in terms of subsection the court must direct the clerk of the court to cause certified copies of the application in the prescribed concerned and any supporting affidavits to be served on the respondent manner, return date specified in the notice wlhy a protection order should not be issued. together with a prescribed notice calling on the respondent to show cause on the (2), 45 50 IO No. 19537 GOVERNMENT GXZETTE. 2 DECEMBER 1998 Act No. 116,1998 DOMESTIC VIOLENCE ACT, 1998 (5) The return dates referred to in subsections days after service has been effected upon the respondent: Provided referred to in subsection 24 hours’ written notice to the complainant (3)(a) and (4) may not be less than 10 that the return date (3)(a) may be anticipated by the respondent upon not less than and the court. (6) An interim protection order shall have no force and effect until it has been served 5 on the respondent. (7) Upon service or upon receipt of a return of service of an interim protection order, the clerk of the court must forthwith cause- (a) (b) a certified copy of the interim protection order; and the original warrant of arrest contemplated in section 8(l)(u), to be served on the complainant. Issuing of protection order 6. (1) If the respondent does not appear on a return date contemplated in section 5(3) or (4), and if the court is satisfied that- (a) proper service has been effected on the respondent; (b) evidence contains and that an act of domestic violence, the application committed or is committing prima facie the respondent has the court must issue a protection order in the prescribed form. (2) If the respondent appears on the return date in order to oppose the issuing of a protection order, the court must proceed to hear the matter and- consider any evidence previously fa) (b) consider such further affidavits or oral evidence as it may direct, which shall in terms of section 5(l); and received form part of the record of the proceedings. (3) The court may, on its own accord or on the request of the complainant, if it is of the opinion including tive- that it is just or desirable to do so, order that in the examination of witnesses, a respondent who is not represented by a legal representa- the complainant, 10 15 20 2.5 (a) (b) is not entitled to cross-examine relationship with the respondent; shall put any question and to such a witness by stating directly a person who is in a domestic the question to the court, 30 and the court is to repeat the question accurately to the respondent. (4) The court must. after a hearing as contemplated in subsection protection order in the prescribed respondent has committed or is committing form if it finds, on a balance of probabilities, an act of domestic violence. (2), issue a that the (5) Upon the issuing of a protection order the clerk of the court must forthwith in the 35 prescribed manner cause- (a) (b) the original of such order to be served on the respondent; a certified copy of such order, and the original warrant of arrest contemplated in section 8(l)(a), to be served on the complainant. and (6) The clerk of the court must forthwith in the prescribed manner copies of any protection order and of the warrant of arrest contemplated 8(l)(a) to the police station of the complainant’s choice. forward certified in section (7) Subject to the provisions of section 7(7), a protection order issued in terms of this in force until it is set aside, and the execution of such order shall not be section remains automatically suspended upon the noting of an appeal. Court’s powers in respect of protection order 7. (1) The court may, by means of a protection order referred to in section 5 or 6, prohibit from- any act of domestic violence; the respondent committing enlisting the help of another person entering a residence shared by the complainant that the court may impose interests of the complainant; entering a specified part of such a shared residence; entering entering residence; place of employment; the complainant’s the complainant’s to commit any such act; and the respondent: Provided this prohibition only if it appears to be in the best 40 45 50 55 12 No. 19537 GO\‘ERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 116,1998 DOMESTIC VIOLENCE ACT. 1998 5 15 20 25 (2) The court may (h) necessary including (u) (6) (8) preventing the complainant who ordinarily (c) from entering or remaining lives or lived in a shared residence in the shared as contemplated residence or a specified part of the shared residence; or committing in subparagraph any other act as specified impose any additional in the protection order. conditions which reasonably to protect and provide for the safety. health or wellbeing of the complainant, an order- to seize any arm or dangerous weapon of the respondent, that a peace officer must accompany assist with arrangements in section 9; and the complainant in the possession or under the control as contemplated it deems regarding contemplated the collection of personal property. in subsection l(c), the court may impose as to the Idischarge of rent or mortgage payments having on the respondent obligations regard to the financial needs and resources of the complainant (3) In ordering a prohibition to a specified place to 10 (4) The court may order the respondent to pay emergency monetary regard to the financial needs and resources of the complainant such order has the effect of a civil judgment of a magistrate’s court. and the respondent. and the respondent, relief having and (5) (a) The physical address of the complainant must be omitted from the protection of such the nature of the terms of the order necessitates the inclusion order, unless address. (b) The court may issue any directions to ensure that the complainant’s in any manner which may endanger physical the safety, health or is not disclosed address wellbeing of the complainant. (6) If the court is satisfied that it is in the best interests of any child it may- refuse the respondent (a) (b) order contact with such child on such conditions contact with such child; or as it may consider appropriate. (7) (a) The court may not refuse- (i) (ii) to issue a protection order; or to impose any condition or make any order which it is competent make under this section, to impose or 30 merely on the grounds that other legal remedies are available to the complainant. (b) If the court is of the opinion that any provision of a protection order deals with a matter that should, in the interests of justice, be dealt with further in terms of any other relevant provision afford the party concerned law. shall be in force for such limited period as the court determines, in order to relief in terms of such the Maintenance Act, 1998, the court must order that such a 35 to seek appropriate the opportunity law, including Warrant of arrest upon issuing of protection order 8. (1) Whenever a court issues a protection order, the court must make an order- 40 (a) (b) authorising prescribed suspending prohibition, the issue of a warrant for the arrest of the respondent, in the form; and the execution of such warrant subject condition, obligation or order imposed to compliance with any in terms of section 7. in force unless the protection (2) The warrant referred to in subsection (l)(a) remains order is set aside, or it is cancelled after execution. (3) The clerk of the court must issue the complainant with a second or further warrant form in which it is stated files an affidavit in the prescribed for her or his protection and that the existing warrant of is required of arrest, if the complainant that such warrant arrest has been- (a) (b) executed and cancelled; or lost or destroyed. 45 50 (4) (a) A complainant may hand the warrant of arrest together with an affidavit in the any that to any 55 or order contained prescribed prohibition, member of the South African Police Service. form, wherein condition, it obligation has contravened in a protection respondent is stated order, the 14 No. 19537 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 116,1998 DOMESTIC VIOLENCE ACT, 1998 (b) If it appears reasonable grounds of the alleged breach of the protection forthwith section 17(a). to the member concerned (5), there are that, subject to suspect that the complainant may suffer imminent harm as a result the member must order by the respondent, to in referred the respondent for allegedly to subsection the offence committing arrest (c) If the member concerned the respondent arresting written notice to the respondent which-- is of the opinion in terms of paragraph that there are insufficient grounds for (b), he or she must forthwith hand a address and the occupation or status of the (9 (ii) (iii) the name, the residential specifies respondent; calls upon the respondent time, specified in the notice, on a charge of committing in section 17(a); and contains a certificate signed by the member concerned she handed the import the original notice thereof to the respondent. to appear before a court, and on the date and at the the offence referred to to the respondent and that he or she explained to the effect that he or (d) The member must forthwith forward a duplicate original of a notice referred to in in the court thereof was and the mere production shall be prima facie proof that the original (c) to the clerk of the court concerned, paragraph of such a duplicate original handed to the respondent specified therein. (5) In considering whether or not the complainant may suffer imminent harm, as (4)(b), the member of the South African Police Service must in subsection contemplated take into account- (a) (b) (c) the risk to the safety, health or wellbeing of the complainant; the seriousness of the conduct comprising order; and the length of time since the alleged breach occurred. an alleged breach of the protection (6) Whenever a warrant of arrest is handed (4)(a), the member must inform the complainant to a member of the South African Police of his or Service in terms of subsection her right to simultaneously and explain to the complainant lay a criminal charge against how to lay such a charge. the respondent, if applicable, 30 Seizure of arms and dangerous weapons 9. (1) The court must order a member of the South African Police Service to seize any if the arm or dangerous weapon in the possession or under the control of a respondent, court is satisfied on the evidence placed before it, including any affidavits supporting an 35 application to in section 4( 1 ), that- referred (a) has threatened the respondent himself or herself, or any person means of such arm or dangerous weapon; or or expressed to kill or injure in a domestic relationship, whether or not by the intention (b) possession of such arm or dangerous weapon is not in the best interests of the 40 in a domestic as a result of the relationship, respondent or any other person respondent’s- (i) (ii) (iii) use of or dependence on intoxicating state of mind or mental condition; inclination to violence; or liquor or drugs. (2) Any arm seized in terms of subsection (1) must be handed over to the holder of an office in the South African Police Service as contemplated in section 11(2)(b) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), and the court must direct the to the National clerk of the court to refer a copy of the record of the evidence concerned Commissioner in terms of section 11 of the Arms and Ammunition Act, 1969. of the South African Police Service for consideration (3) Any dangerous weapon seized in terms of subsection (l)- (4 (W and in police custody identification mark and‘retained to the respondent or, if the respondent is not the owner to the owner thereof, by order of the court and on -must-be given a-distinctive for such period of time as the court may determine; shall only be returned of the dangerous weapon, such conditions that- if, in the opinion of the court, the value of the dangerous weapon so seized is below R200; or if the return of the dangerous weapon has not been ordered within 12 months after it had been so seized; OI as the court rnay determine: Provided (i) (ii) 5 10 15 20 25 45 50 55 60 16 No. 19537 GOVERSMENT GAZETTE, 2 DECEMBER 1998 Act No. 116,1998 DOMESTIC VIOLENCE ACT. 1998 (iii) if the c our-t is satisfied concerned, that it is in the interest of the safety of any person the court may order that the dangerous weapon be forfeited to the State. Variation or setting aside of protection order 10. (1) A complainant or a respondent may, upon written notice to the other party and the court concerned, apply for the variation or setting aside of a protection order referred to in section 6 in the prescribed manner. (2) If the court is satisfied that good cause has been shown for the variation or setting that the court that the aside of the protection order, it may issue an order to this effect: Provided shall not grant such an application application is made freely and voluntarily. to the complainant it is satisfied unless 5 10 (3) The clerk of the court must forward a notice as prescribed to the complainant the respondent (1). if the protection order is varied or set aside as contemplated and in subsection Attendance of proceedings and prohibition of publication of certain information 15 11. (1) (a) No person may be present during any proceedings in terms of this Act except- (4 W (4 (4 (4 0 officers of the court; the parties to the proceedings; any person bringing an application section 4(3); any legal representative witnesses; not more complainant; not more respondent; (h) any other person whom the court permits Provided that the court may, if it is satisfied any person from attending any part of the proceedings. three persons three persons representing w than than and on behalf of the complainant in terms of 20 any party to the proceedings; for the purpose of providing for the purpose of providing support to the support to the to be present: that it is in the interests of justice, exclude (b) Nothing in this subsection limits any other power of the court to hear proceedings irz camera or to exclude any person from attending such proceedings. in any manner any information which might, directly (2) (a) No person shall publish or indirectly, reveal the identity of any party to the proceedings. (b) The court, if it is satisfied further information published: Provided publication of a bonaJide identities of the parties to the proceedings or of any witness at such proceedings. that it is in the interests of justice, may direct that any in terms of this Act shall not be in terms of this subsection applies in respect of the the names or reveal the relating that no direction law report which does not mention to proceedings held Jurisdiction 12. (1) Any court within the area in which- or temporarily resides, carries on business or is (u) permanently the complainant employed; the respondent the cause of action arose, (6) (c) has jurisdiction resides, carries on business or is employed; or to grant a protection order as contemplated in this Act. (2) No specific minimum period is required (3) A protection order is enforceable throughout the Republic. in relation to subsection (l)(a). Service of documents 13. (1) Service of any document in terms of this Act must forthwith be effected in the prescribed manner by the clerk of the court, the sheriff or a peace officer, or as the court may direct. 50 25 30 35 40 45 18 No. 19537 GOVERNMENT GAZETTE. 2 DECEMBER 1998 Act No. 116, 1998 DOMESTIC VIOLENCE ACT. 1998 (2) The regulations contemplated assistance by the State to a complainant pay the fees of any service in terms of this Act. in section 19 must make provision for financial or a respondent who does not have the means to Legal representation

14. Any party to proceedings in terms of this Act may be represented by a legal 5 representative. costs

15. The court may only make an order as to costs against any party if it is satisfied that such party has acted frivolously, vexatiously or unreasonably. Appeal and review

16. The provisions in respect of appeal and review contemplated Courts Act, 1944 (Act No. 32 of 1944), and the Supreme Court Act, 1959 (Act No. 59 of 1959), apply to any proceedings in terms of this Act. in the Magistrate’s Offences the provisions of any other law, any person who- any prohibition, condition, obligation or order imposed in terms the provisions of section 1 1(2)(a); to comply with any direction in terms of the provisions of section (u)

17. Notwithstanding contravenes of section 7; contravenes fails 11(2)(b); or in an affidavit referred a material respect, (6) (c) (d) to section 8(4)(a), wilfully makes a false statement in 10 15 20 is guilty of an offence and liable on conviction paragraph (a) to a fine or imprisonment such paragraph (b), (c), or (d), to a fine or imprisonment or to both such fine and such imprisonment. fine and such imprisonment, and in the case of an offence referred to in five years or to both for a period not exceeding in the case of an offence contemplated in 25 for a period not exceeding two years Application Service of Act by prosecuting authority and members of South African Police 18. (1) No prosecutor shall- 30 or refuse to institute a prosecution; (a) (b) withdraw a charge, in respect of a contravention of section 17(a), unless he or she has been authorised thereto, whether in general or in any specific case, by a Director of Public Prosecutions as contemplated (Act No. 32 of 1998), or a senior member of the prosecuting authority designated in writing by such a Director. in section 13(l)(a) of the National Prosecuting Authority Act, 1998 35 thereto (2) The National Director of Public Prosecutions to in section 10 of the National Prosecuting Authority Act, 1998, in consultation with the Minister of Justice and after consultation with of Public Prosecutions, must determine prosecution incident of domestic violence. policy and issue policy directives regarding any offence arising the Directors from an referred instructions (3) The National Commissioner national Act, 1995 (Act No. 68 of 1995), with which its members must comply of their functions in the Gazette. of the South African Police Service must issue in section 25 of the South African Police Service in the execution so issued must be published in terms of this Act, and any instructions as contemplated (4) (a) Failure by a member of the South African Police Service in terms of this Act or the national imposed (3), constitutes misconduct obligation subsection Service Act, 1995, and the Independent Complaints Directorate, established that Act, must forthwith be informed of any such failure reported Police Service. as contemplated instructions referred to comply with an to in in the South African Police in terms of to the South African 40 45 50 20 IQ. 19537 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 116, 1998 DOMESTIC VIOLENCE ACT, 1998 (0) Unless the Independent Complaints Directorate directs otherwise case, the South African Police Service must institute disciplinary any member who allegedly ((0. failed to comply with an obligation in any specific against referred to in paragraph proceedings (5) (II) The National Director of Public Prosecutions must submit any prosecution 5 policy and policy directives Parliament, and submitted the first policy and directives so determined to Parliament within six months of the commencement determined or issued in terms of subsection (2) to or issued, must be of this Act. (h) The National Commissioner of the South African Police Service must submit any national instructions commencement of this Act. instructions issued in terms of subsection (3) to Parliament, and the first 10 so issued, must be submitted to Parliament within six months of the to Parliament subsection (c) The Independent Complaints Directorate must, every six months, submit a report to it in terms of (4)(a), and setting out the recommendations made in respect of such matters. of the South African Police Service must, every six the number and particulars of matters reported regarding (n) The National Commissioner months, submit a report to Parliament regarding- 15 (9 (ii) (iii) and particulars of-complaints the number respect of any failure contemplated the disciplinary which emanated steps Complaints Directorate. proceedings from such proceedings; and as a result of recommendations instituted taken received against its members in in subsection as a result (4)(a); thereof and the decisions 20 made by the Independent Regulations 19. (1) The Minister of Justice may mdke regulations regarding- in terms of this Act; any form required (a) (b) any matter required ((*) any other matter which to be prescribed to be prescribed in terms of this Act; and the Minister deems necessary or expedient to be prescribed in order to achieve the objects of this Act. (2) Any regulation made under subsection (I)- (a) must be submitted (h) which may result in expenditure to Parliament prior to publication thereof in the Gazette; for the State, must be made in consultation with the Minister of Finance; and 25 30 ((.) may provide comply a fine or to imprisonment that any person who contravenes a provision thereof or fails to therewith shall be guilty of an offence and on conviction be liable to 35 for a period not exceeding one year. Amendment 1993 and section 4 of Act 18 of 1996 of section 40 of Act 51 of 1977, as amended by section 41 of Act 129 of

20. Section 40 of the Criminal Procedure Act, 1977, is hereby amended by the addition in subsection (1) of the following paragraph: of having suspected “(4) who is reasonably violence as contemplated which constitutes an act of domestic in section (I) of the Domestic Violence Act, 1998, committed an offence in respect of which violence is an element.“. 40 Repeal of laws and savings 21. (1) Sections 1, 2, 3, 6 and 7 of the Prevention of Family Violence Act, 1993 (Act 45 No. I33 of 1993), are hereby repealed. (2) Any application made, proceedings to in subsection this Act. Act referred granted in terms,of (I) shall be deemed instituted or interdict granted in terms of the instituted or to have been made, Short title and commencement 50

22. This Act shall be called the Domestic Violence Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.