| (a) |
be made on a form which corresponds substantially with Form 36 of the Annexure; and |
| (b) |
be captured by the clerk of the court on the ICMS. |
| (2) |
The member of the South African Police Service must— |
| (a) |
file a copy of the written notice in the docket which must be submitted to the prosecutor on or before the date of hearing; and |
| (b) |
submit a copy of the written notice by hand or electronically to the clerk of the court dealing with protection orders in terms of the Act. |
| (3) |
Any respondent who is called upon to appear before the court in accordance with a written notice referred to in sub-regulation (1), and who fails to— |
| (a) |
appear at the place and on the date and time specified in that notice; or |
| (b) |
remain in attendance at the proceedings, |
is guilty of an offence and on conviction, is liable to a fine or to imprisonment for a period not exceeding one year.
| (4) |
The court may, if satisfied from the duplicate notice referred to in section 8(4)(d) of the Act that— |
| (a) |
the notice was handed to the respondent and that the respondent has failed to appear at the place and on the date and time specified in the notice; or |
| (b) |
the respondent has failed to remain in attendance at the proceedings concerned, |
issue a warrant for the respondent's arrest.
Older Persons Act, 2006
