Domestic Violence Act, 1998 (Act No. 116 of 1998)

1. Definitions and interpretation

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(1)	In this Act, unless the context indicates otherwise–

"arm"

[Definition deleted by section 2 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]

"capture"

means to store documents in the—

(a)	manner; and

(b)

format,

in the integrated electronic repository, as may be provided for in the directives contemplated in section 6A(3)(i);

[Definition inserted by section 2 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]

"care giver"

means any person older than 18 years who, in relation to a child, a person with a disability or an older person, takes responsibility for meeting the daily needs of, or is in substantial contact with, such person;

"child"

means a person under the age of 18 years;

"clerk of the court"

means a clerk of the court appointed in terms of section 13 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and includes an assistant clerk of the court so appointed;

[Definition substituted by section 2 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]

"close relationship"

means a relationship between the complainant and any other person, which the court, with regard to the following criteria:

(a)	The degree of trust between the persons;

(b)	the level of each person’s dependence on, and commitment to, the other person;

(c)	length of time the relationship has existed;

(d)	frequency of contact between the persons; or

(e)	the degree of intimacy between the persons,

may consider as a close relationship of a person with the complainant;

"coercive behaviour"

means to compel or force a complainant to abstain from doing anything that they have a lawful right to do, or to do anything that they have a lawful right to abstain from doing;

"communication"

referred to in the definition of ‘harassment’, means anything that is used to impart information or ideas, and includes a letter, text, photo, video recording and audio recordings, but excludes an electronic communication;

"complainant"

means any person who is or has been in a domestic relationship with a respondent and who is or has been subjected or allegedly subjected to an act of domestic violence, including any child in the care of the complainant;

"controlling behaviour"

means behaviour towards a complainant that has the effect of making the complainant dependent on, or subservient to, the respondent and includes—

(a)	isolating them from sources of support;

(b)	exploiting their resources or capacities for personal gain;

(c)	depriving them of the means needed for independence, resistance or escape; or

(d)	regulating their everyday behaviour;

"court"

means any magistrate’s court for a district contemplated in the Magistrates’ Courts Act, 1944.

"damage to property"

means—

(a)	the wilful damaging or destruction of property; or

(b)	threats to damage or destroy property,

belonging to, or which is in the possession or under the control of, the complainant, or in which the complainant has a vested interest

"dangerous weapon"

"disclose by means of an electronic communications service"

means to—

(a)	send an electronic communication to a person who is the intended recipient of the electronic communication or any other person;

(b)	store an electronic communication on an electronic communications network, where the electronic communication can be viewed, copied or downloaded; or

(c)	send or otherwise make available to a person, a link to an electronic communication that has been stored on an electronic communications network, where the electronic communication can be viewed, copied or downloaded;

"Director-General"

means the Director-General: Justice and Constitutional Development;

"disability"

means a moderate to severe limitation of a person’s ability to function or perform daily activities as a result of a physical, sensory, communication, intellectual, mental or psychological impairment;

"domestic relationship"

means a relationship between a complainant and a respondent in any of the following ways:

(a)	they are or were married to each other, including marriage according to any law, custom or religion;

(b)	they (whether they are of the same or of the opposite sex) live or lived together in a relationship in the nature of marriage, although they are not, or were not, married to each other, or are not able to be married to each other;

(c)	they are the parents of a child or are persons who have or had parental responsibility for that child (whether or not at the same time);

(d)	they are family members related by consanguinity, affinity or adoption;

(e)	they are or were in an engagement, dating or customary relationship, including an actual or perceived romantic, intimate or sexual relationship of any duration; or

(f)	they are persons in a close relationship that share or shared the same residence;

"domestic violence"

means—

(a)	physical abuse;

(b)	sexual abuse;

(c)	emotional, verbal or psychological abuse;

(d)	economic abuse;

(e)	intimidation;

(f)	harassment;

(fA)	sexual harassment;

(fB)	related person abuse;

(g)	spiritual abuse;

(h)	damage to property;

(hA)	elder abuse;

(hB)	coercive behaviour;

(hC)	controlling behaviour;

(hD)	to expose a child to domestic violence;

(i)	entry into the complainant’s—

(i)	permanent or temporary residence without their consent, where the parties do not share the same residence; or

(ii)	workplace or place of study, without their consent, where the parties do not share the same workplace or place of study; or

(j)	any other behaviour of an intimidating,threatening, abusive, degrading, offensive or humiliating nature towards a complainant,

where such conduct harms, or inspires the reasonable belief that harm may be caused to the complainant;

"economic abuse"

includes—

(a)

the deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including education expenses, household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence or accommodation;

(b)	the disposal of household effects or other property in which the complainant has an interest without the complainant’s permission;

(c)	the use of financial resources of a complainant, without the complainant’s permission; or

(d)	the coercing of the complainant to—

(i)	relinquish control over assets or income; or

(ii)	sign a legal document that would enable the complainant’s finances to be managed by another person;

"educator"

means any person, including a person who is appointed to exclusively perform extracurricular duties, who teaches, educates or trains other persons or who provides professional educational services, including professional therapy and education psychological services, at all public and independent schools as defined in the South African Schools Act, 1996 (Act No. 84 of 1996), all public and private colleges and all public and private further education and training institutions established, declared or registered in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), and all public and private higher education institutions defined in the Higher Education Act, 1997 (Act No. 101 of 1997);

"elder abuse"

means abuse of an older person as contemplated in section 30(2) of the Older Persons Act, 2006 (Act No. 13 of 2006), occurring within a domestic relationship;

"electronic communication"

means electronic representations of information in any form, and includes without limitation voice, sound, data, text, video, animation, visual images, moving images and pictures that are real, simulated or manipulated, or a combination or part thereof, that are disclosed by means of an electronic communications service;

"electronic communications identity number"

means a technical identification label which represents the origin or destination of electronic communication;

"electronic communications network"

means an ‘electronic communications network’ as defined in section 1 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), and includes a computer system;

"electronic communications service"

means any service which consists wholly or mainly of the conveyance by any means of electronic communication over an electronic communication network, but excludes broadcasting services, as defined in section 1 of the Electronic Communications Act, 2005;

"electronic communications service provider"

means an entity or a person who is licensed or exempted from being licensed in terms of Chapter 3 of the Electronic Communications Act, 2005, to provide an electronic communications service;

"emergency monetary relief"

means—

(a)	compensation for monetary losses suffered by a complainant before or at the time of the issue of a protection order as a result of the domestic violence, including—

(i)	loss of earnings;

(ii)	medical, optical, [and] dental and related expenses;

(iii)

relocation and accommodation expenses; [or]

(iv)	expenses for acquiring household necessities;

(v)	education expenses;

(vi)	transportation costs; or

(vii)

expenses in respect of psychosocial services and counselling; and

(b)	maintenance of any child, person with a disability or older person in the care of the complainant, to whom the respondent has a duty of care, pending finalisation of maintenance proceedings in terms of the Maintenance Act, 1998 (Act No. 99 of 1998);

"emotional, verbal or psychological abuse"

means degrading, manipulating, threatening, offensive, intimidating or humiliating conduct towards a complainant that causes mental or psychological harm to a complainant, including—

(a)	insults, ridicule or name calling;

(b)	threats to cause emotional pain;

(c)	the exhibition of obsessive possessiveness or jealousy, which constitutes a serious invasion of the complainant’s privacy, liberty, integrity or security;

(d)	the wilful damaging or destruction of any property in close vicinity of a complainant;

(e)	to harm or threaten to harm a household pet or other animal, whose welfare affects a complainant’s well-being;

(f)	to disclose or threaten to disclose a complainant’s sexual orientation or other private information concerning a complainant, to others without the complainant’s consent;

(g)	to threaten the complainant with the death or injury of another person or damage of another person’s property; or

(h)	threats to commit suicide or self-harm;

"expose a child to domestic violence"

means to intentionally cause a child to—

(a)	see or hear domestic violence; or

(b)	experience the effects of domestic violence;

"functionary"

means—

(a)	a medical practitioner, health care personnel, a social worker, an official in the employ of a public health establishment, an educator or a care giver; and

(b)	any other person designated in terms of section 2A(1);

"harassment"

means—

(a)	the unreasonable—

(i)	following, watching, stalking, pursuing or accosting of the complainant or a related person; or

(ii)	loitering outside of or near the building or place where the complainant or a related person resides, works, carries on business, studies or happens to be, which inspires the belief in the complainant that they or a related person may be harmed or their property may be damaged;

(b)	making telephone calls or inducing another person to make telephone calls to the complainant, whether or not conversation ensues] to repeatedly contact the complainant by means of an electronic communications service, irrespective whether or not—

(i)	a conversation ensues; or

(ii)	any information is conveyed to the complainant;

(c)	the repeated sending or delivering of packages, communications or other objects to the complainant, or leaving them where they may be found by, given to, or brought to the attention of, the complainant;

(d)	the unauthorised access to a complainant’s communication or electronic communication;

(e)	the monitoring or tracking of the complainant’s movements, activities or interpersonal associations without the complainant’s consent, including, for example, by using technology;

(f)	to enter any part of the joint residence that is exclusively used by the complainant or other property of the complainant, without the complainant’s permission;

(g)	to unreasonably interfere with any property that is exclusively used by or is in the possession of the complainant;

(h)	to disclose an electronic communication to the complainant, or cause the complainant to receive a communication, which—

(i)	is abusive, degrading, offensive or humiliating;

(ii)	violates or offends the sexual integrity or dignity of a complainant; or

(iii)

inspires the belief in the complainant that they or a related person may be harmed or their property may be damaged; or

(i)	to disclose an electronic communication, or to make a communication available, to another person concerning a complainant, which—

(i)	contains information of a private nature;

(ii)	violates or offends the sexual integrity or dignity of a complainant;

(iii)

is abusive, degrading, offensive or humiliating; or

(iv)	inspires the belief in the complainant that they or a related person may be harmed or their property may be damaged;

"health care personnel"

means health care personnel as defined in section 1 of the National Health Act, 2003 (Act No. 61 of 2003), and who belongs to any category or class of health care personnel designated, as a functionary in terms of a directive contemplated in section 18B;

"integrated electronic repository"

means the integrated electronic repository for domestic violence protection orders, established in terms of section 6A;

"intimidation"

means—

(a)	physical violence, or damage to property belonging, to a complainant or any other person;

(b)	threats of physical violence, or damage to property belonging, to a complainant or any other person;

(c)	to deprive the complainant or any other person of their liberty or threatening to do so; or

(d)	conveying a threat, or causing a complainant to receive a threat, which induces fear of physical violence, or damage to property belonging to a complainant or any other person through electronic communication,

where such conduct is intended to compel a complainant to abstain from doing anything that they have a lawful right to do, or to do anything that they have a lawful right to abstain from doing;

"medical practitioner"

means a person registered as a medical practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974);

"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);

"Minister"

means the Cabinet member responsible for the administration of justice;

"official in the employ of a public health establishment"

means a person who—

(a)	is in the employ of a public health establishment as defined in section 1 of the National Health Act, 2003 (Act No. 61 of 2003); and

(b)	belongs to any category or class of persons designated by the Director-General: Health in terms of a directive contemplated in section 18B, as a functionary;

"peace officer"

means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

"physical abuse"

includes—

(a)	physical violence or threats of physical violence towards a complainant;

(b)	to deprive the complainant of their liberty or threatening to do so;

(c)	to administer, attempt to administer or threaten to administer—

(i)	any drug as defined in section 1(1) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992);

(ii)	any Scheduled substance as defined in section 1(1) of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965), that affects or may affect a complainant’s judgement or decision-making abilities or is harmful to the health or well-being of the complainant; or

(iii)

any chemical or other substance that is harmful to the health or well-being of the complainant,

to a complainant without the complainant’s consent; or

(d)	withholding or threatening to withhold a complainant’s medication;

"prescribed"

means prescribed in terms of a regulation made under section 19;

"protection order"

means an order issued in terms of section 5 or 6 but, in section 6, excludes an interim protection order;

"related person"

means any member of the family or household of a complainant, or a person in a close relationship with the complainant;

"related person abuse"

means to—

(a)	threaten the complainant with causing of physical violence to, or the damage of property of, a related person;

(b)	threaten a related person with physical violence or causing damage to the property of, such a person;

(c)	threaten a related person with causing of physical violence to, or the damage of property of, a complainant; or

(d)	commit an act of physical violence against or cause damage to property of a related person,

where such actions can in the circumstances be regarded to cause harm tothe complainant;

"residence"

means any part of any structure, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or other place, that is used as a place of residence by a natural person, irrespective whether or not other persons also occupy that structure;

"respondent"

means any person who is or has been in a domestic relationship with a complainant and who—

(a)	has committed or allegedly committed; or

(b)	has used or allegedly used a third party actor to commit or allegedly to commit,

an act of domestic violence against the complainant;

"sexual abuse"

means any conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the complainant, irrespective of whether or not such conduct constitutes a sexual offence as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);

"sexual harassment"

means any—

(a)	unwelcome sexual attention from a respondent who knows or ought reasonably to know that such attention is unwelcome;

(b)	unwelcome explicit or implicit behaviour, suggestions, gestures, remarks made, communications sent or delivered, or electronic communications disclosed, to the complainant—

(i)	of a sexual nature; or

(ii)	regarding the complainant’s or related person’s sexual orientation, gender or gender expression,

by a respondent, that has the effect of offending, intimidating or humiliating the complainant;

(c)	implied or expressed promise of reward made to the complainant if they comply with a sexually oriented request; or

(d)	implied or expressed threat of reprisal made to, or actual reprisal against, the complainant for refusal to comply with a sexually oriented request;

"sheriff"

means a sheriff appointed in terms of section 2(1) of the Sheriff's Act, 1986 (Act No. 90 of 1986), or an acting sheriff appointed in terms of section 5(1) of the said Act;

"social worker"

means a person registered as a social worker in terms of section 17 of the Social Service Professions Act, 1978 (Act No. 110 of 1978);

"spiritual abuse"

means—

(a)	advocating hatred against the complainant because of their religious or spiritual beliefs, that constitutes incitement to cause harm to the complainant;

(b)	preventing the complainant from exercising their constitutional right to freedom of conscience, religion, thought, belief and opinion, including to give external manifestation to their religious or spiritual convictions and beliefs; or

(c)	manipulating the complainant’s religious or spiritual convictions and beliefs to justify or rationalise abusing the complainant;

"stalking"

‘third party actor’

means any person—

(a)	who is not or has not been in a domestic relationship with a complainant;

(b)	who conspired with, was procured by, or used by, the respondent to commit an act of domestic violence against the complainant; and

(c)

who—

(i)	committed or allegedly committed an act of domestic violence against the complainant; or

(ii)	aided or allegedly aided the respondent in the commission of an act of domestic violence against the complainant;

"this Act"

includes the regulations; and

"weapon"

means—

(a)	any airgun, ammunition, imitation firearm, muzzle loading firearm, firearm or handgun as defined in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000); or

(b)	any object, other than that which is referred to in paragraph (a), which is likely to in�ict grievous bodily harm or a dangerous wound, if it were used to commit an assault.

(2)

(a)

This Act does not prevent a complainant from applying for relief in terms of the Protection from Harassment Act, 2011 (Act No. 17 of 2011), where a third party actor committed an act which, if committed by a respondent would amount to domestic violence against the complainant, and which constitutes harassment in terms of that Act.

(b)	A complainant may simultaneously with an application for a protection order in terms of section 4, also apply for the relief referred to in paragraph (a) against a third party actor.

(c)	A respondent who uses a third party actor to commit an act of domestic violence against a complainant, is for purposes of this Act regarded as having committed such act of domestic violence, personally.

Domestic Violence Act, 1998 (Act No. 116 of 1998)

1. Definitions and interpretation

"arm"

"capture"

"care giver"

"child"

"clerk of the court"

"close relationship"

"coercive behaviour"

"communication"

"complainant"

"controlling behaviour"

"court"

"damage to property"

"dangerous weapon"

"disclose by means of an electronic communications service"

"Director-General"

"disability"

"domestic relationship"

"domestic violence"

"economic abuse"

"educator"

"elder abuse"

"electronic communication"

"electronic communications identity number"

"electronic communications network"

"electronic communications service"

"electronic communications service provider"

"emergency monetary relief"

"emotional, verbal or psychological abuse"

"expose a child to domestic violence"

"functionary"

"harassment"

"health care personnel"

"integrated electronic repository"

"intimidation"

"medical practitioner"

"member of the South African Police Service"

"Minister"

"official in the employ of a public health establishment"

"peace officer"

"physical abuse"

"prescribed"

"protection order"

"related person"

"related person abuse"

"residence"

"respondent"

"sexual abuse"

"sexual harassment"

"sheriff"

"social worker"

"spiritual abuse"

"stalking"

‘third party actor’

"this Act"

"weapon"

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