A member of the South African Police Service must, if it is reasonably possible to do so—
| (a) |
explain to the complainant, or a person acting on behalf of the complainant,— |
| (i) |
that a member of the South African Police Service will render such assistance as circumstances may require, including assisting or making arrangements to find a suitable shelter and to obtain medical treatment; |
| (ii) |
their right to apply for a protection order to prohibit the respondent from committing further acts of domestic violence, even if no criminal complaint has been lodged, and the right to apply, simultaneously, for a domestic violence safety monitoring notice to ensure the complainant’s safety, health and well-being; |
| (iii) |
the complainant’s right to lodge a criminal complaint; and |
| (iv) |
the purpose of the notice; |
| (b) |
hand the notice referred to in regulation 2 to the complainant; |
| (c) |
read the notice to the complainant; |
| (d) |
direct the complainant to a website where the notice could be accessed; |
| (e) |
inquire from the complainant whether they— |
| (i) |
understand the contents of the notice; and |
| (ii) |
require further information regarding the remedies in terms of the Act and the right to lodge a criminal complaint; |
| (f) |
explain to the complainant, on request— |
| (i) |
any part of the notice which the complainant does not understand; and |
| (ii) |
their remedies in terms of the Act and the right to lodge a criminal complaint; |
| (g) |
inform the complainant that further information may be obtained from the clerk of the court, should questions of the complainant remain unanswered; and |
| (h) |
inform the complainant of the option of applying for a protection order and for a domestic violence safety monitoring notice online, and how the online portal may be accessed. |
Statistics Act, 1999
