| (b) |
enlisting the help of another person to commit any such act; |
| (c) |
entering a residence shared by the complainant and the respondent: Provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant; |
| (d) |
entering a specified part of such a shared residence; |
| (e) |
entering the complainant's residence; |
| (f) |
entering the complainant's workplace or place of studies; |
| (g) |
preventing the complainant who ordinarily lives or lived in a shared residence as contemplated in paragraph (c) from entering or remaining in the shared residence or a specified part of the shared residence; |
| (gA) |
disclosing any electronic communication or making available any communication, as may be specified in the protection order; or |
| (h) |
committing any other act as specified in the protection order. |
[Section 7(1) substituted by section 13(a) 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]
| (2) |
The court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant, including— |
| (i) |
to seize any weapon in the possession or under the control of the respondent, as contemplated in section 9; and |
| (ii) |
that a peace officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property; or |
| (b) |
the making of a recommendation that the complainant should approach the relevant police station to investigate the matter with the view to institute a criminal prosecution against the respondent. |
[Section 7(2) substituted by section 13(a) 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]
| (3) |
In ordering a prohibition contemplated in subsection (1)(c), the court may impose on the respondent obligations as to the discharge of rent or mortgage payments having regard to the financial needs and resources of the complainant and the respondent. |
| (4) |
The court may order the respondent to pay emergency monetary relief having regard to the financial needs and resources of the complainant and the respondent, and such order has the effect of a civil judgment of a magistrate's court. |
(4A)
| (a) |
If the court is satisfied, from evidence adduced at a hearing in terms of section 6, that the respondent is probably a person contemplated in section 33(1) of the Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008), the court may order the respondent to appear before a specified magistrate’s court having jurisdiction on a specified date and time in connection with an enquiry in terms of section 35 of the Prevention of and Treatment for Substance Abuse Act, 2008. |
| (b) |
Where the respondent concerned fails to appear at the place and on the date and at the time referred to in paragraph (a), a magistrate of the relevant court may, at the request of a prosecutor attached to the court, issue a warrant referred to in section 33(3) of the Prevention of and Treatment for Substance Abuse Act, 2008, directing that the respondent concerned must be apprehended and be brought before the magistrate. |
| (c) |
A prosecutor attached to the relevant court must obtain a report referred to in section 33(4) of the Prevention of and Treatment for Substance Abuse Act, 2008. |
| (d) |
Section 35 of the Prevention of and Treatment for Substance Abuse Act, 2008, applies, with the necessary changes required by the context, in respect of a respondent who appears before a magistrate, in pursuance of an order made under paragraph (a), as if they were a person brought before the said magistrate in terms of section 33 of that Act and as if the report obtained in terms of paragraph (c) were a report obtained in terms of section 33(4) of that Act. |
| (e) |
A copy of the record of the hearing in terms of section 6, certified or purporting to be certified by the clerk of the court or, in the case where the proceedings were recorded by electronic means, by the person who transcribed the proceedings, as a true copy of such record may, subject to subsection (5) and any direction of the court referred to in paragraph (a), be produced at the said enquiry as evidence. |
[Section 7(4A) inserted by section 13(b) 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]
(5)
| (a) |
The physical, home, study and work address and contact details of the complainant or related person to whom the protection order relates must be omitted from the protection order, unless the nature of the terms of the order necessitates the inclusion of such particulars. |
| (b) |
The court may issue any directions to ensure that the complainant’s or related person’s physical, home, study and work address and contact details are not disclosed in any manner which may endanger the safety, health or well-being of the complainant or related person. |
| (c) |
Where the complainant or related person is a child, the physical, home and work addresses of the complainant or related person shall not be disclosed until a children’s court inquiry into the matter has been held. |
[Section 7(5) substituted by section 13(c) 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]
| (6) |
If the court is satisfied that it is in the best interests of any child it may— |
| (a) |
refuse the respondent contact with such child; or |
| (b) |
order contact with such child on such conditions as it may consider appropriate. |
(7)
| (a) |
The court may not refuse— |
| (i) |
to issue a protection order; or |
| (ii) |
to impose any condition or make any order which it is competent to impose or make under this section, |
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 law, including the Maintenance Act, 1998, the court must order that such a provision must be in force for such limited period as the court determines, in order to afford the party concerned the opportunity to seek appropriate relief in terms of such law. |
[Section 7(7) substituted by section 13(d) 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]
Statistics Act, 1999
