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

Regulations

Domestic Violence Regulations, 2022

26. Affidavit for second or further warrant of arrest (section 8(3))

 

(1) An affidavit filed for purposes of obtaining a second or further warrant of arrest must be on a form which corresponds substantially with Form 34 of the Annexure.

 

(2) The affidavit contemplated in subregulation (1) must state that—
(a) the second or further warrant is required for the protection of the complainant; and
(b) the existing warrant of arrest has been executed and cancelled, lost or destroyed.

 

(3) The affidavit may be submitted to the clerk of the court by hand or electronically.

 

(4) The clerk of the court must, on the day of issue—
(a) upload and capture the issued second or further warrant of arrest on the integrated electronic repository;
(b) upload and capture it together with the relevant information relating to it on the integrated electronic repository;
(c) submit a certified copy of the second or further warrant together with a copy of the protection order by hand or electronically to the police station chosen by the complainant; and
(d) notify the complainant electronically that a certified copy of the second or further warrant together with a copy of the protection order have been submitted to the chosen police station.