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National Instruction 1/2013 : Protection from Harassment

10. Arresting a respondent who contravenes a protection order

 

 

(1) Where a respondent has contravened any prohibition, condition, obligation or order contained in a protection order, a complainant may hand the warrant of arrest together with an affidavit, wherein it is stated that the respondent contravened such protection order, to any member.

 

(2) If, upon receipt of the warrant of arrest together with the affidavit, referred to in subparagraph (a) (above), it appears to the member that there are reasonable grounds to suspect that the complainant may suffer imminent harm as a result of the alleged breach of the protection order, the member must immediately arrest the respondent for contravening the protection order.

 

(3) In considering whether or not the complainant may suffer imminent harm, a member must take into account -
(a) the risk to the safety, health or well-being of the complainant or related person;
(b) the seriousness of the conduct constituting the alleged breach of the protection order;
(c) the length of time since the alleged breach has occurred; and
(d) the nature  and extent of the harm previously  suffered  by the complainant or related person:

Provided that if the respondent is under the influence of liquor to such an extent that a form SAPS 590(e) (referred to in subparagraph (4)(below)) cannot be handed to him or her, the respondent must be arrested.

 

(4) If the member is of the opinion that there are insufficient grounds to arrest the respondent, he or she must immediately be handed a form SAPS 590(e). The member must insert the first court day thereafter as date of appearance on the form and complete the certificate, provided for in form SAPS 590(e). The member must put the duplicate original of the SAPS 590(e) in the docket which is opened for the contravention. This docket must be taken to court on the first court day thereafter.

 

(5) If a warrant of arrest is handed to a member of the Service as contemplated in subparagraph (1) (above), the member must inform the complainant or related person of his or her right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant or related person how to lay such a charge.