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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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

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 2021_014_027_20220129 Sch may have been intended to substitute Act 1998_116_020_20220128 Sch, but as there there are no engrossing instructions to do the substitution, we have not done so - please see 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 amended by ...N/A REQ.INFO LINK

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