DOMESTIC VIOLENCE ACT

[Updated to 1 April 2012]

Act 116 of 1998 (Notice 1551, G. 19537),

Proc. R97, G. 20469,
Act 55 of 2003 (Notice 428, G. 26206, c.i.o 31 March 2005 [Proc. R13, G. 27406]),
Act 31 of 2008 (Notice 1201, G. 31579, c.i.o 9 August 2010 [Proc. R41, G. 33448]),
Act 1 of 2011 (Notice 425, G. 34298, c.i.o 1 April 2012 [Proc. R3, G. 35018]).

[Commencement: 15 December 1999]

_____________________

It is hereby notified that the President has assented to the following Act which is hereby published for
general information.

GENERAL EXPLANATORY NOTE:

_______________ Words underlined with a solid line indicate insertions in existing enactments.

(English text signed by the President.)

(Assented to 20 November 1998.)

ACT

To provide for the issuing of protection orders with regard to domestic violence; and for matters
connected therewith.

PREAMBLE

RECOGNISING that domestic violence is a serious social evil; that there is a high incidence of domestic
violence within South African society; that victims of domestic violence are among the most vulnerable
members of society; that domestic violence takes on many forms; that acts of domestic violence may be
committed in a wide range of domestic relationships; and that the remedies currently available to the victims
of domestic violence have proved to be ineffective;

AND HAVING REGARD to the Constitution of South Africa, and in particular, the right to equality and to
freedom and security of the person; and the international commitments and obligations of the State towards
ending violence against women and children, including obligations under the United Nations Conventions on
the Elimination of all Forms of Discrimination Against Women and the Rights of the Child;

IT IS THE PURPOSE of this Act to afford the victims of domestic violence the maximum protection from
domestic abuse that the law can provide; and to introduce measures which seek to ensure that the relevant
organs of state give full effect to the provisions of this Act, and thereby to convey that the State is committed
to the elimination of domestic violence;

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows.

ARRANGEMENT OF SECTIONS

1. Definitions
2. Duty to assist and inform complainant of rights
3. Arrest by peace officer without warrant
4. Application for protection order
5. Consideration of application and issuing of interim protection order
6. Issuing of protection order
7. Court’s powers in respect of protection order
8. Warrant of arrest upon issuing of protection order
9. Seizure of arms and dangerous weapons
10. Variation or setting aside of protection order
11. Attendance of proceedings and prohibition of publication of certain information
12. Jurisdiction
13. Service of documents
14. Legal representation
15. Costs
16. Appeal and review
17. Offences
18. Application of Act by prosecuting authority and members of South African Police Service
19. Regulations
20. Amendment of section 40 of Act 51 of 1977, as amended by section 41 of Act 129 of 1993 and section
4 of Act 18 of 1996
21. Repeal of laws and savings
22. Short title

1. Definitions

In this Act, unless the context indicates otherwise—

“arm” means any arm as defined in section 1(1) or any armament as defined in section 32(1) of the
Arms and Ammunition Act, 1969 (Act 75 of 1969);

“clerk of the court” means a clerk of the court appointed in terms of section 13 of the Magistrates’
Courts Act, 1944 (Act 32 of 1944), and includes an assistant clerk of the court so appointed;
“complainant” means any person who is or has been in a domestic relationship with a respondent
and who is or has been subjected or allegedly subjected to an act of domestic violence, including any
child in the care of the complainant;

“court” means any magistrate’s court for a district contemplated in the Magistrates’ Courts Act, 1944
(Act 32 of 1944);
[“court” subs by s 10(2) of Act 31 of 2008.]

“damage to property” means the wilful damaging or destruction of property belonging to a

complainant or in which the complainant has a vested interest;

“dangerous weapon” means any weapon as defined in section 1 of the Dangerous Weapons Act,
1968 (Act 71 of 1968);

“domestic relationship” means a relationship between a complainant and a respondent in any of the
following ways—

(a) they are or were married to each other, including marriage according to any law, custom or
religion;

(b) they (whether they are of the same or of the opposite sex) live or lived together in a relationship
in the nature of marriage, although they are not, or were not, married to each other, or are not
able to be married to each other;

(c) they are the parents of a child or are persons who have or had parental responsibility for that
child (whether or not at the same time);

(d) they are family members related by consanguinity, affinity or adoption;

(e) they are or were in an engagement, dating or customary relationship, including an actual or
perceived romantic, intimate or sexual relationship of any duration; or

(f) they share or recently shared the same residence;

“domestic violence” means—

(a) physical abuse;

(b) sexual abuse;

(c) emotional, verbal and psychological abuse;

(d) economic abuse;

(e) intimidation;

(f) harassment;

(g) stalking;

(h) damage to property;

(i) entry into the complainant’s residence without consent, where the parties do not share the same
residence; or

(j) any other controlling or abusive behaviour towards a complainant,

where such conduct harms, or may cause imminent harm to, the safety, health or wellbeing of the
complainant;

“economic abuse” includes—

(a) the unreasonable deprivation of economic or financial resources to which a complainant is

entitled under law or which the complainant requires out of necessity, including household
necessities for the complainant, and mortgage bond repayments or payment of rent in respect
of the shared residence; or

(b) the unreasonable disposal of household effects or other property in which the complainant has
an interest;

“emergency monetary relief” means compensation for monetary losses suffered by a complainant
at the time of the issue of a protection order as a result of the domestic violence, including—

(a) loss of earnings;

(b) medical and dental expenses;

(c) relocation and accommodation expenses; or

(d) household necessities;

“emotional, verbal and psychological abuse” means a pattern of degrading or humiliating conduct
towards a complainant, including—
(a) repeated insults, ridicule or name calling;

(b) repeated threats to cause emotional pain; or

(c) the repeated exhibition of obsessive possessiveness or jealousy, which is such as to constitute
a serious invasion of the complainant’s privacy, liberty, integrity or security;

“harassment” means engaging in a pattern of conduct that induces the fear of harm to a complainant
including—

(a) repeatedly watching, or loitering outside of or near the building or place where the complainant
resides, works, carries on business, studies or happens to be;

(b) repeatedly making telephone calls or inducing another person to make telephone calls to the
complainant, whether or not conversation ensues;

(c) repeatedly sending, delivering or causing the delivery of letters, telegrams, packages,
facsimiles, electronic mail or other objects to the complainant;

“intimidation” means uttering or conveying a threat, or causing a complainant to receive a threat,

which induces fear;

“member of the South African Police Service” means any member as defined in section 1 of the
South African Police Service Act, 1995 (Act 68 of 1995);

“peace officer” means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977
(Act 51 of 1977);

“physical abuse” means any act or threatened act of physical violence towards a complainant;

“prescribed” means prescribed in terms of a regulation made under section 19;

“protection order” means an order issued in terms of section 5 or 6 but, in section 6, excludes an
interim protection order;

“residence” includes institutions for children, the elderly and the disabled;

“respondent” means any person who is or has been in a domestic relationship with a complainant
and who has committed or allegedly committed an act of domestic violence against the complainant;

“sexual abuse” means any conduct that abuses, humiliates, degrades or otherwise violates the
sexual integrity of the complainant;
 “sheriff” means a sheriff appointed in terms of section 2(1) of the Sheriffs Act, 1986 (Act 90 of 1986),
or an acting sheriff appointed in terms of section 5(1) of the said Act;

“stalking” means repeatedly following, pursuing, or accosting the complainant;

“this Act” includes the regulations.

2. Duty to assist and inform complainant of rights

Any member of the South African Police Service must, at the scene of an incident of domestic
violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence is
reported—

(a) render such assistance to the complainant as may be required in the circumstances, including
assisting or making arrangements for the complainant to find a suitable shelter and to obtain
medical treatment;

(b) if it is reasonably possible to do so, hand a notice containing information as prescribed to the
complainant in the official language of the complainant’s choice; and

(c) if it is reasonably possible to do so, explain to the complainant the content of such notice in the
prescribed manner, including the remedies at his or her disposal in terms of this Act and the
right to lodge a criminal complaint, if applicable.

3. Arrest by peace officer without warrant

A peace officer may without warrant arrest any respondent at the scene of an incident of domestic
violence whom he or she reasonably suspects of having committed an offence containing an element
of violence against a complainant.

4. Application for protection order

(1) Any complainant may in the prescribed manner apply to the court for a protection order.

(2) If the complainant is not represented by a legal representative, the clerk of the court must inform the
complainant, in the prescribed manner—

(a) of the relief available in terms of this Act; and

(b) of the right to also lodge a criminal complaint against the respondent, if a criminal offence has
been committed by the respondent.
(3) Notwithstanding the provisions of any other law, the application may be brought on behalf of the
complainant by any other person, including a counsellor, health service provider, member of the South
African Police Service, social worker or teacher, who has a material interest in the wellbeing of the
complainant: Provided that the application must be brought with the written consent of the
complainant, except in circumstances where the complainant is—

(a) a minor;

(b) mentally retarded;

(c) unconscious; or

(d) a person whom the court is satisfied is unable to provide the required consent.

(4) Notwithstanding the provisions of any other law, any minor, or any person on behalf of a minor, may
apply to the court for a protection order without the assistance of a parent, guardian or any other
person.

(5) The application referred to in subsection (1) may be brought outside ordinary court hours or on a day
which is not an ordinary court day, if the court is satisfied that the complainant may suffer undue
hardship if the application is not dealt with immediately.

(6) Supporting affidavits by persons who have knowledge of the matter concerned may accompany the
application.

(7) The application and affidavits must be lodged with the clerk of the court who shall forthwith submit the
application and affidavits to the court.

5. Consideration of application and issuing of interim protection order

(1) The court must as soon as is reasonably possible consider an application submitted to it in terms of
section 4(7) and may, for that purpose, consider such additional evidence as it deems fit, including
oral evidence or evidence by affidavit, which shall form part of the record of the proceedings.

(1A) Where circumstances permit and where a Family Advocate is available, a court may, in the
circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of
1987), when considering an application contemplated in subsection (1), cause an investigation to be
carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987,
in whose area of jurisdiction that court is, with regard to the welfare of any minor or dependent child
affected by the proceedings in question, whereupon the provisions of that Act apply with the changes
required by the context.
 [S 5(1A) ins by s 19 of Act 55 of 2003.]

(2) If the court is satisfied that there is prima facie evidence that—

(a) the respondent is committing, or has committed an act of domestic violence; and

(b) undue hardship may be suffered by the complainant as a result of such domestic violence if a
protection order is not issued immediately,

the court must, notwithstanding the fact that the respondent has not been given notice of the
proceedings contemplated in subsection (1), issue an interim protection order against the respondent,
in the prescribed manner.

(3)
(a) An interim protection order must be served on the respondent in the prescribed manner and
must call upon the respondent to show cause on the return date specified in the order why a
protection order should not be issued.

(b) A copy of the application referred to in section 4(1) and the record of any evidence noted in
terms of subsection (1) must be served on the respondent together with the interim protection
order.

(4) If the court does not issue an interim protection order in terms of subsection (2), the court must direct
the clerk of the court to cause certified copies of the application concerned and any supporting
affidavits to be served on the respondent in the prescribed manner, together with a prescribed notice
calling on the respondent to show cause on the return date specified in the notice why a protection
order should not be issued.

(5) The return dates referred to in subsections (3)(a) and (4) may not be less than 10 days after service
has been effected upon the respondent: Provided that the return date referred to in subsection (3)(a)
may be anticipated by the respondent upon not less than 24 hours’ written notice to the complainant
and the court.

(6) An interim protection order shall have no force and effect until it has been served on the respondent.

(7) Upon service or upon receipt of a return of service of an interim protection order, the clerk of the court
must forthwith cause—

(a) a certified copy of the interim protection order; and

(b) the original warrant of arrest contemplated in section 8(1)(a),

 to be served on the complainant.

6. Issuing of protection order

(1) If the respondent does not appear on a return date contemplated in section 5(3) or (4), and if the court
is satisfied that—

(a) proper service has been effected on the respondent; and

(b) the application contains prima facie evidence that the respondent has committed or is
committing an act of domestic violence,

the court must issue a protection order in the prescribed form.

(2) If the respondent appears on the return date in order to oppose the issuing of a protection order, the
court must proceed to hear the matter and—

(a) consider any evidence previously received in terms of section 5(1); and

(b) consider such further affidavits or oral evidence as it may direct, which shall form part of the
record of the proceedings.

(3) The court may, on its own accord or on the request of the complainant, if it is of the opinion that it is
just or desirable to do so, order that in the examination of witnesses, including the complainant, a
respondent who is not represented by a legal representative—

(a) is not entitled to cross-examine directly a person who is in a domestic relationship with the
respondent; and

(b) shall put any question to such a witness by stating the question to the court,

and the court is to repeat the question accurately to the respondent.

(4) The court must, after a hearing as contemplated in subsection (2), issue a protection order in the
prescribed form if it finds, on a balance of probabilities, that the respondent has committed or is
committing an act of domestic violence.

(5) Upon the issuing of a protection order the clerk of the court must forthwith in the prescribed manner
cause—

(a) the original of such order to be served on the respondent; and

 (b) a certified copy of such order, and the original warrant of arrest contemplated in section 8(1)(a),
to be served on the complainant.

(6) The clerk of the court must forthwith in the prescribed manner forward certified copies of any
protection order and of the warrant of arrest contemplated in section 8(1)(a) to the police station of the
complainant’s choice.

(7) Subject to the provisions of section 7(7), a protection order issued in terms of this section remains in
force until it is set aside, and the execution of such order shall not be automatically suspended upon
the noting of an appeal.

7. Court’s powers in respect of protection order

(1) The court may, by means of a protection order referred to in section 5 or 6, prohibit the respondent
from—

(a) committing any act of domestic violence;

(b) enlisting the help of another person to commit any such act;

(c) entering a residence shared by the complainant and the respondent: Provided that the court
may impose this prohibition only if it appears to be in the best interests of the complainant;

(d) entering a specified part of such a shared residence;

(e) entering the complainant’s residence;

(f) entering the complainant’s place of employment;

(g) preventing the complainant who ordinarily lives or lived in a shared residence as contemplated
in subparagraph (c) from entering or remaining in the shared residence or a specified part of the
shared residence; or

(h) committing any other act as specified in the protection order.

(2) The court may impose any additional conditions which it deems reasonably necessary to protect and
provide for the safety, health or wellbeing of the complainant, including an order—

(a) to seize any arm or dangerous weapon in the possession or under the control of the
respondent, as contemplated in section 9; and
 (b) that a peace officer must accompany the complainant to a specified place to assist with
arrangements regarding the collection of personal property.

(3) In ordering a prohibition contemplated in subsection 1(c), the court may impose on the respondent
obligations as to the discharge of rent or mortgage payments having regard to the financial needs and
resources of the complainant and the respondent.

(4) The court may order the respondent to pay emergency monetary relief having regard to the financial
needs and resources of the complainant and the respondent, and such order has the effect of a civil
judgment of a magistrate’s court.

(5)
(a) The physical address of the complainant must be omitted from the protection order, unless the
nature of the terms of the order necessitates the inclusion of such address.

(b) The court may issue any directions to ensure that the complainant’s physical address is not
disclosed in any manner which may endanger the safety, health or wellbeing of the
complainant.

(6) If the court is satisfied that it is in the best interests of any child it may—

(a) refuse the respondent contact with such child; or

(b) order contact with such child on such conditions as it may consider appropriate.

(7)
(a) The court may not refuse—

(i) to issue a protection order; or

(ii) to impose any condition or make any order which it is competent to impose or make
under this section,

merely on the grounds that other legal remedies are available to the complainant.

(b) If the court is of the opinion that any provision of a protection order deals with a matter that
should, in the interests of justice, be dealt with further in terms of any other relevant law,
including the Maintenance Act, 1998, the court must order that such a provision shall be in force
for such limited period as the court determines, in order to afford the party concerned the
opportunity to seek appropriate relief in terms of such law.

8. Warrant of arrest upon issuing of protection order

(1) Whenever a court issues a protection order, the court must make an order—

(a) authorising the issue of a warrant for the arrest of the respondent, in the prescribed form; and

(b) suspending the execution of such warrant subject to compliance with any prohibition, condition,
obligation or order imposed in terms of section 7.

(2) The warrant referred to in subsection (1)(a) remains in force unless the protection order is set aside, or
it is cancelled after execution.

(3) The clerk of the court must issue the complainant with a second or further warrant of arrest, if the
complainant files an affidavit in the prescribed form in which it is stated that such warrant is required
for her or his protection and that the existing warrant of arrest has been—

(a) executed and cancelled; or

(b) lost or destroyed.

(4)
(a) A complainant may hand the warrant of arrest together with an affidavit in the prescribed form,
wherein it is stated that the respondent has contravened any prohibition, condition, obligation or
order contained in a protection order, to any member of the South African Police Service.

(b) If it appears to the member concerned that, subject to subsection (5), there are reasonable
grounds to suspect that the complainant may suffer imminent harm as a result of the alleged
breach of the protection order by the respondent, the member must forthwith arrest the
respondent for allegedly committing the offence referred to in section 17(a).

(c) If the member concerned is of the opinion that there are insufficient grounds for arresting the
respondent in terms of paragraph (b), he or she must forthwith hand a written notice to the
respondent which—

(i) specifies the name, the residential address and the occupation or status of the
respondent;

(ii) calls upon the respondent to appear before a court, and on the date and at the time,
specified in the notice, on a charge of committing the offence referred to in section 17(a);
and
 (iii) contains a certificate signed by the member concerned to the effect that he or she
handed the original notice to the respondent and that he or she explained the import
thereof to the respondent.

(d) The member must forthwith forward a duplicate original of a notice referred to in paragraph (c)
to the clerk of the court concerned, and the mere production in the court of such a duplicate
original shall be prima facie proof that the original thereof was handed to the respondent
specified therein.

(5) In considering whether or not the complainant may suffer imminent harm, as contemplated in
subsection (4)(b), the member of the South African Police Service must take into account—

(a) the risk to the safety, health or wellbeing of the complainant;

(b) the seriousness of the conduct comprising an alleged breach of the protection order; and

(c) the length of time since the alleged breach occurred.

(6) Whenever a warrant of arrest is handed to a member of the South African Police Service in terms of
subsection (4)(a), the member must inform the complainant of his or her right to simultaneously lay a
criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a
charge.

9. Seizure of arms and dangerous weapons

(1) The court must order a member of the South African Police Service to seize any arm or dangerous
weapon in the possession or under the control of a respondent, if the court is satisfied on the evidence
placed before it, including any affidavits supporting an application referred to in section 4(1), that—

(a) the respondent has threatened or expressed the intention to kill or injure himself or herself, or
any person in a domestic relationship, whether or not by means of such arm or dangerous
weapon; or

(b) possession of such arm or dangerous weapon is not in the best interests of the respondent or
any other person in a domestic relationship, as a result of the respondent’s—

(i) state of mind or mental condition;

(ii) inclination to violence; or

(iii) use of or dependence on intoxicating liquor or drugs.

(2) Any arm seized in terms of subsection (1) must be handed over to the holder of an office in the South
African Police Service as contemplated in section 11(2)(b) of the Arms and Ammunition Act, 1969 (Act
75 of 1969), and the court must direct the clerk of the court to refer a copy of the record of the
evidence concerned to the National Commissioner of the South African Police Service for
consideration in terms of section 11 of the Arms and Ammunition Act, 1969.

(3) Any dangerous weapon seized in terms of subsection (1)—

(a) must be given a distinctive identification mark and retained in police custody for such period of
time as the court may determine; and

(b) shall only be returned to the respondent or, if the respondent is not the owner of the dangerous
weapon, to the owner thereof, by order of the court and on such conditions as the court may
determine:

Provided that—

(i) if, in the opinion of the court, the value of the dangerous weapon so seized is below R200; or

(ii) if the return of the dangerous weapon has not been ordered within 12 months after it had been
so seized; or

(iii) if the court is satisfied that it is in the interest of the safety of any person concerned,

the court may order that the dangerous weapon be forfeited to the State.

10. Variation or setting aside of protection order

(1) A complainant or a respondent may, upon written notice to the other party and the court concerned,
apply for the variation or setting aside of a protection order referred to in section 6 in the prescribed
manner.

(2) If the court is satisfied that good cause has been shown for the variation or setting aside of the
protection order, it may issue an order to this effect: Provided that the court shall not grant such an
application to the complainant unless it is satisfied that the application is made freely and voluntarily.

(3) The clerk of the court must forward a notice as prescribed to the complainant and the respondent if the
protection order is varied or set aside as contemplated in subsection (1).

11. Attendance of proceedings and prohibition of publication of certain information

(1)
 (a) No person may be present during any proceedings in terms of this Act except—

(a) officers of the court;

(b) the parties to the proceedings;

(c) any person bringing an application on behalf of the complainant in terms of section 4(3);

(d) any legal representative representing any party to the proceedings;

(e) witnesses;

(f) not more than three persons for the purpose of providing support to the complainant;

(g) not more than three persons for the purpose of providing support to the respondent; and

(h) any other person whom the court permits to be present:

Provided that the court may, if it is satisfied that it is in the interests of justice, exclude any
person from attending any part of the proceedings.

(b) Nothing in this subsection limits any other power of the court to hear proceedings in camera or
to exclude any person from attending such proceedings.

(2)
(a) No person shall publish in any manner any information which might, directly or indirectly, reveal
the identity of any party to the proceedings.

(b) The court, if it is satisfied that it is in the interests of justice, may direct that any further
information relating to proceedings held in terms of this Act shall not be published: Provided that
no direction in terms of this subsection applies in respect of the publication of a bona fide law
report which does not mention the names or reveal the identities of the parties to the
proceedings or of any witness at such proceedings.

12. Jurisdiction

(1) Any court within the area in which—

(a) the complainant permanently or temporarily resides, carries on business or is employed;

(b) the respondent resides, carries on business or is employed; or

 (c) the cause of action arose,

has jurisdiction to grant a protection order as contemplated in this Act.

(2) No specific minimum period is required in relation to subsection (1)(a).

(3) A protection order is enforceable throughout the Republic.

13. Service of documents

(1) Service of any document in terms of this Act must forthwith be effected in the prescribed manner by
the clerk of the court, the sheriff or a peace officer, or as the court may direct.

(2) The regulations contemplated in section 19 must make provision for financial assistance by the State
to a complainant or a respondent who does not have the means to pay the fees of any service in
terms of this Act.

14. Legal representation

Any party to proceedings in terms of this Act may be represented by a legal representative.

15. Costs

The court may only make an order as to costs against any party if it is satisfied that such party has
acted frivolously, vexatiously or unreasonably.

16. Appeal and review

The provisions in respect of appeal and review contemplated in the Magistrate’s Courts Act, 1944 (Act
32 of 1944), and the Supreme Court Act, 1959 (Act 59 of 1959), apply to any proceedings in terms of
this Act.

17. Offences

Notwithstanding the provisions of any other law, any person who—

(a) contravenes any prohibition, condition, obligation or order imposed in terms of section 7;

(b) contravenes the provisions of section 11(2)(a);

(c) fails to comply with any direction in terms of the provisions of section 11(2)(b); or
 (d) in an affidavit referred to section 8(4)(a), wilfully makes a false statement in a material respect,

is guilty of an offence and liable on conviction in the case of an offence referred to in paragraph (a) to
a fine or imprisonment for a period not exceeding five years or to both such fine and such
imprisonment, and in the case of an offence contemplated in paragraph (b), (c), or (d), to a fine or
imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

18. Application of Act by prosecuting authority and members of South African Police Service

(1) No prosecutor shall—

(a) refuse to institute a prosecution; or

(b) withdraw a charge,

in respect of a contravention of section 17(a), unless he or she has been authorised thereto, whether
in general or in any specific case, by a Director of Public Prosecutions as contemplated in section
13(1)(a) of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), or a senior member of the
prosecuting authority designated thereto in writing by such a Director.

(2) The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting
Authority Act, 1998, in consultation with the Minister of Justice and after consultation with the Directors
of Public Prosecutions, must determine prosecution policy and issue policy directives regarding any
offence arising from an incident of domestic violence.

(3) The National Commissioner of the South African Police Service must issue national instructions as
contemplated in section 25 of the South African Police Service Act, 1995 (Act 68 of 1995), with which
its members must comply in the execution of their functions in terms of this Act, and any instructions
so issued must be published in the Gazette.

(4)
(a) Failure by a member of the South African Police Service to comply with an obligation imposed
in terms of this Act or the national instructions referred to in subsection (3), constitutes
misconduct as contemplated in the South African Police Service Act, 1995, and the Secretariat,
established in terms of section 4(1) of the Civilian Secretariat for Police Service Act, 2010, must
forthwith be informed of any such failure reported to the South African Police Service.

(b) Unless the Secretariat directs otherwise in any specific case, the South African Police Service
must institute disciplinary proceedings against any member who allegedly failed to comply with
an obligation referred to in paragraph (a).
[S 18(4) subs by s 36(1) of Act 1 of 2011.]
(5)
(a) The National Director of Public Prosecutions must submit any prosecution policy and policy
directives determined or issued in terms of subsection (2) to Parliament, and the first policy and
directives so determined or issued, must be submitted to Parliament within six months of the
commencement of this Act.

(b) The National Commissioner of the South African Police Service must submit any national
instructions issued in terms of subsection (3) to Parliament, and the first instructions so issued,
must be submitted to Parliament within six months of the commencement of this Act.

(c) The Secretariat must, every six months, submit a report to Parliament regarding the number and
particulars of matters reported to it in terms of subsection (4)(a), and setting out the
recommendations made in respect of such matters.
[S 18(5)(c) subs by s 36(1) of Act 1 of 2011.]

(d) The National Commissioner of the South African Police Service must, every six months, submit
a report to Parliament regarding—

(i) the number and particulars of complaints received against its members in respect of any
failure contemplated in subsection (4)(a);

(ii) the disciplinary proceedings instituted as a result thereof and the decisions which
emanated from such proceedings; and

(iii) steps taken as a result of recommendations made by the Secretariat.

[S 18(5)(d) am by s 36(1) of Act 1 of 2011.]

19. Regulations

(1) The Minister of Justice may make regulations regarding—

(a) any form required to be prescribed in terms of this Act;

(b) any matter required to be prescribed in terms of this Act; and

(c) any other matter which the Minister deems necessary or expedient to be prescribed in order to
achieve the objects of this Act.

(2) Any regulation made under subsection (1)—

(a) must be submitted to Parliament prior to publication thereof in the Gazette;

 (b) which may result in expenditure for the State, must be made in consultation with the Minister of
Finance; and

(c) may provide that any person who contravenes a provision thereof or fails to comply therewith
shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period
not exceeding one year.

20. Amendment of section 40 of Act 51 of 1977, as amended by section 41 of Act 129 of 1993 and
section 4 of Act 18 of 1996

Section 40 of the Criminal Procedure Act, 1977, is hereby amended by the addition in subsection (1)
of the following paragraph—

“(q) who is reasonably suspected of having committed an act of domestic violence as contemplated
in section (1) of the Domestic Violence Act, 1998, which constitutes an offence in respect of
which violence is an element.”.

21. Repeal of laws and savings

(1) Sections 1, 2, 3, 6 and 7 of the Prevention of Family Violence Act, 1993 (Act 133 of 1993), are hereby
repealed.

(2) Any application made, proceedings instituted or interdict granted in terms of the Act referred to in
subsection (1) shall be deemed to have been made, instituted or granted in terms of this Act.

22. Short title

This Act shall be called the Domestic Violence Act, 1998.