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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Domestic Violence Act, No.
116 of
1998
Long title
To provide for the issuing of protection orders with regard to domestic violence; and for matters connected therewith.
Table of contents
Legislation Text Access Point
Long title
To provide for the issuing of protection orders with regard to domestic violence; and for matters connected therewith.
Table of contents
| SECTION | TITLE STILL TO amend per Act 2021_014_000_20220128 |
| ARRANGEMENT OF SECTIONS [... inserted by Act 2021_014_001_20220128] | |
| 1. | Definitions and interpretation [... Title amended by Act 2021_014_002_20220128 was entitled "Definitions"] |
| 2. | Duty to assist and inform complainant of rights |
| 2A. | Obligations of functionaries relating to domestic violence [... inserted by Act 2021_014_004_20220128] |
| 2B. | Obligation to report domestic violence and to provide information [... inserted by Act 2021_014_004_20220128] |
| 3. | Arrest by peace officer without warrant and assistance to complainant [... Title amended by Act 2021_014_005_20220128 was entitled "Arrest by peace officer without warrant"] |
| 3A. | Entering of private residence for purposes of obtaining evidence [... inserted by Act 2021_014_006_20220128] |
| 4. | Application for protection order |
| 4A. | Domestic violence safety monitoring notice [... inserted by Act 2021_014_008_20220128] |
| 5. | Consideration of application and issuing of interim protection order |
| 5A. | Attendance of witnesses [... inserted by Act 2021_014_010_20220128] |
| 5B. | Electronic communications service provider to furnish particulars to court [... inserted by Act 2021_014_010_20220128] |
| 5C. | Existing and reciprocal orders or applications [... inserted by Act 2021_014_010_20220128] |
| 6. | Issuing of final protection order [... Title amended by Act 2021_014_002_20220128 was entitled "Issuing of protection order"] |
| 6A. | Integrated electronic repository for domestic violence protection orders [... inserted by Act 2021_014_012_20220129] |
| 7. | Court’s powers in respect of protection order |
| 8. | Warrant of arrest upon issuing of protection order |
| 9. | Seizure of weapons [... amended by Act 2021_014_015_20220129 - was entitled "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. | Orders as to costs of service and directions [... amended by Act 2021_014_020_20220129 - was entitled "Costs"] |
| 16. | Appeal and review |
| 17. | Offences |
| 18. | Application of Act by prosecuting authority and members of South African Police Service |
| 18A. | Directives for clerks of court [... inserted by Act 2021_014_024_20220129] |
| 18B. | Directives by Departments of Health, Social Development, Basic Education, Higher Education and Training and Communications and Digital Technologies [... inserted by Act 2021_014_024_20220129] |
| 19. | Regulations |
| 19A. | Period within which directives and regulations must be submitted to Parliament [... inserted by Act 2021_014_026_20220129] |
| 20. | Amendment of laws [... Title amended by Act 2021_014_027_20220128 - was entitled "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 and commencement |
| Sch. | SCHEDULE. LAWS AMENDED (SECTION 20) [NOTE: Act 1998_116_000 contains no Schedule but it is possible that the Act 2021_014_000_20220128 Sch may have been intended for insert as Act 1998_116_020_20220128 Sch, although Act 2021_014_000_20220128 contains no engrossing instructions to effect that insertion - please see Commentary on Act 2021_014_000_20220128 Sch]** |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1998_116_000_19981202 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2003_055_000_20040331 . | N/A | REQ.INFO | LINK |
| As amended by Act 2008_031_000_20081105 . | N/A | REQ.INFO | LINK |
| As amended by Act 2011_001_000_20110516 . | N/A | REQ.INFO | LINK |
| As amended by Act 2021_014_000_20220128** . | N/A | REQ.INFO | LINK |
As if amended by Bill B2023_007B_000_00000000 . | N/A | REQ.INFO | LINK |
| As amended by Act 2023_015_000_20240403 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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