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

Regulations

Domestic Violence Regulations, 2022

20. Order to remove or disable access to electronic communication, affidavit and court order for variation (section 5B(6))

 

(1) An order contemplated in section 5B(6)(a) of the Act, must be made on a form which corresponds substantially with Form 23 of the Annexure.

 

(2) The court must, after issuing an order contemplated in subregulation (1), direct the clerk of the court to serve the order immediately on the electronic communications service provider in question electronically, but no later than one hour after the order is made.

 

(3) An application by the electronic communications service provider to set aside or amend the order made in terms of subregulation (1) must be—
(a) on an affidavit which corresponds substantially with Form 24 of the Annexure;
(b) made within 14 days after service of the order made in terms of subregulation (2); and
(c) served on the clerk of the court by hand or electronically.

 

(4) In considering the application, the court may request such additional evidence from the electronic communications service provider as it deems fit, which request—
(a) must be made on a form which corresponds substantially with Form 25 of the Annexure; and
(b) must be served on the electronic communications service provider by hand or electronically.

 

(5) The electronic communications service provider must provide the requested additional evidence to the clerk of the court on an affidavit which corresponds substantially with Form 26 of the Annexure by hand or electronically.

 

(6)

(a) If the court is satisfied that good cause has been shown to set aside or amend the order made in terms of subregulation (1), it must issue an order on a form which corresponds substantially with Form 27 of the Annexure.
(b) The court must, after issuing an order contemplated in paragraph (a), direct the clerk of the court to serve the order on the electronic communications service provider in question by hand or electronically.