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Protection from Harassment Act, 2010 (Act No. 17 of 2010)

Regulations

Directives in Terms of Section 20(3) of the Protection from Harassment Act, 2011

3. Availability of clerk of court to receive applications for protection orders outside ordinary hours or on a day which is not an ordinary court day

 

 

(1) A clerk of the court must comply with any duty roster issued by the court manager or a person who has oversight responsibilities over a clerk of the court and in respect of which a clerk of the court is assigned to receive applications for protection orders outside ordinary court hours or on a day which is not an ordinary court day.

 

(2)        If a clerk of the court is designated to perform duties in terms of the Act outside ordinary court hours or on a day which is not an ordinary court day, the clerk of the court—

(a) must furnish a telephone number where he or she may be contacted; and
(b) must at all times be able to make himself or herself available at the court building after he or she is contacted telephonically, within a reasonable time, to receive an application for a protection order and to perform any other duty imposed on a clerk of the court in terms of the Act, the Regulations and these directives.

 

(3) The clerk of the court is responsible for contacting a magistrate who has been designated to consider an urgent application for a protection order which is brought outside ordinary court hours or on a day which is not an ordinary court day.