| (1) |
If a complaint of harassment is reported to the Police, the member receiving the complaint, must carefully listen to the complainant and consider whether the conduct constitutes an offence. The member must inform the complainant of the right to - |
| (a) |
apply for a protection order in terms of the Act, |
| (b) |
lay a criminal charge (if the conduct allegedly committed by the respondent, constitutes an offence). (If the complainant wishes to lay a criminal charge, the member must assist the complainant to make an affidavit and ensure that a docket is opened and registered on CAS); or |
| (c) |
lay a criminal charge as well as apply for a protection order and inform the complainant that laying a criminal charge is not a prerequisite for applying for a protection order. |
| (2) |
The member must obtain any relevant information from the complainant as to the identity and whereabouts of the respondent of the alleged harassment. The member must make an entry into the Protection from Harassment Register (SAPS 590) detailing the particulars of the complainant and any particulars of the alleged respondent that may have been provided by the complainant. |
| (3) |
If the member is satisfied, based on the information provided by the complainant, that the harassment has actually taken place, he or she must take an affidavit from the complainant in which the complainant states under oath - |
(a) the details of the alleged harassment;
| (b) |
whether he or she knows the identity of the respondent, and if so, mention the particulars of the identity and whereabouts of the respondent; and |
(c) whether he or she intends to apply for a protection order.
| (4) |
The station commander must ensure that a file is kept in the community service centre in which a copy of every affidavit referred to in subparagraph (3) must be kept. "Protection from Harassment" must be recorded on the cover page of the file. The affidavit must be clearly marked as "affidavit concerning alleged harassment" and the serial number of the entry in the Protection from Harassment Register must be recorded on the first page of the affidavit. |
| (5) |
If the complainant does not know who the respondent is, the complainant must be informed that he or she may in any event apply for a protection order at the court and should then inform the court that the identity and address of the respondent is unknown to him or her. |
| (6) |
The complainant must be informed that a court may authorise - |
| (a) |
the Police to investigate the matter with a view to determine the identity and address of the respondent; or |
| (b) |
in the case of harassment committed by means of electronic communications or electronic mail, an electronic communications service provider to provide particulars of the respondent to the court, |
to enable the court to consider the application .
Statistics Act, 1999
