DOMESTIC VIOLENCE AMENDMENT ACT IN FORCE

DOMESTIC VIOLENCE AMENDMENT ACT IN FORCE

• 14 April 2023
• Justice & Constitutional Development
• SA Legal Academy

Most sections of the Domestic Violence Amendment Act, 2021, came into effect on 14 April 2023 – except for section 6A. This is according to a presidential proclamation gazetted with three other notices affecting the new legislation. Regulations operationalising the amendments were published a few hours later.

Since there is no section 6A in the 2021 Act itself, the proclamation may be referring to section 12 of the 2021 Act, which inserts section 6A into the 1998 principal statute. What will eventually become section 6A of the 1998 Act provides for an ‘integrated electronic repository for domestic violence protection orders’. Whatever the case, clarity is needed.

Among other things, the 2021 Act:

• provides for online protection orders applications, and
• makes it mandatory to report acts of domestic violence perpetrated against children, the disabled and the elderly.

Separate notices gazetted with the proclamation:

• prescribe ‘tariffs of compensation’ payable to electronic communications service providers for information required in terms of the principal Act’s new section 5B
• direct court managers and other officials to deal with protection order applications as prescribed, and
• make R200 the value of any weapon seized in terms of the principal Act’s new section 9(3).

For more information, please click the links below:

• Domestic Violence Amendment Act, 2021
• presidential proclamation, with related Government Gazette notices
• regulations 

Published by SA Legal Academy Policy Watch

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