6 May 2023: Unpacking the Domestic Violence Act (with the amendments of 14 April 2023)

The live streaming will go live a couple of minutes before the broadcast is meant to begin. (08:55 on 6 May 2024) You can watch it below (via our YouTube channel)or click on the tab in the top menu of this page.  For the stream to start – click on the red arrow.

Technical glitches does sometime occur with live streaming: if you have difficulties logging into the stream (due to the huge volume of attendees) you can watch it from our YouTube live feeds on: https://www.youtube.com/watch?v=TjOoiCsL7b8 or https://www.youtube.com/watch?v=ck-vLKm4TWg

This section contains all the new prescribed forms that could be used / downloaded for use in domestic violence matters.

 

  • Form 1: Notice to be handed and explained to complainant by police official in case of domestic violence
  • Form 2: Report and risk assessment by functionary
  • Form 3: Affidavit by adult to report knowledge, belief or suspicion of acts of domestic violence
  • Form 4: List of accessible shelters and public health establishments
  • Form 5: Notice to be handed and explained to complainant by peace officer in case of domestic violence
  • Form 6: Application for protection order
  • Form 7: Consent for another person to apply for protection order on behalf of victim
  • Form 8: Information notice to complainant who is not represented by legal practitioner
  • Form 9: Application for domestic violence safety monitoring notice
  • Form 11: Report by member of South African Police Service to court
  • Form 18: Affidavit by electronic communications service provider furnishing information to court
  • Form 19: Application by electronic communications service provider for extension of period within which information must be provided to court or cancellation of direction
  • Form 21: Affidavit by electronic communications service provider furnishing additional evidence to court regarding extension of time
  • Form 24: Application by electronic communications service provider to set aside or amend court order
  • Form 26: Affidavit by electronic communications service provider furnishing additional evidence to court regarding application to set aside or amend court order
  • Form 34: Affidavit for purposes of second or further warrant of arrest
  • Form 35: Affidavit regarding contravention of protection order
  • Form 38: Application for variation or setting aside of protection order
  • Form 41: Request for authorisation of alternative manner of service

This section contains the case law and other resources pertaining to domestic violence that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience. Should the presenters refer to additional recourses during their presentation, then these will be forwarded to all registered attendees after the broadcast.

Case Law: 

• AK v Minister of Police [2022] ZACC 14

• KS v AM (A3032.2016) [2017] ZAGPJHC 297_ 2018 (1) SACR 240

• Minister of Safety and Security v Katise 328.12-2013 ZASCA-111-2015-1-SACR-181-SCA

• Minister of Safety And Security v M. (CA350.2012) [2014] CGHC-58-10-July-2014

• Narodien v Andrews 2002 (3) SA 500 (C)

• S v Hlalatu (ECJ 057.2005) [2005] ZAECHC 27 (21 June 2005)

• S v Motshari 2001 2 All SA 207 (NC)

 

Other resources:

• Intermediaries brochure

• Smythe Artz: Bridges and barriers- A five year retrospective on the Domestic Violence Act 2005 (Acta Juridica)

• The limiting effect of Daffy v Daffy 2020 TSAR 596

• Understanding emergency monetary relief in the Domestic Violence Act

Lunch and learn is a proud initiative by Oppermans Inc. and the “Unpacking of the Domestic Violence Act (with amendments)” are presented in collaboration with the National Prosecuting Authority. Below please find a short bio and contact details of our presenter(s):

 

EUGENE OPPERMAN is a director and founder of Oppermans Inc, a family law practice with 23 years of experience in family matters. He is an accredited mediator with LEAD, ADR Network and FAMAC and has a passion for training, education, mediation, child maintenance, domestic violence matters and issues regarding children (parenting plans, care- and contact arrangements). Should you wish that a specific topic on maintenance or domestic violence should be addressed or presented (nationwide either in person or virtually), please contact their offices below or send and email.

eugene@oppermansinc.co.za / info@lunchandlearn.org.za

www.oppermansinc.co.za

Office: 021-2000470 (12 lines)

 

 

ADV. DEON RUITERS, Senior Maintenance Prosecutor in the Western Cape employed by the National Prosecuting Authority. His main focus is the education and training of maintenance officers and Maintenance Courts throughout the Western Cape.

 DRuiters@npa.gov.za

www.childmaintenance.org.za 

 

 

NATALIE RUITERS is a mediator accredited by ADR Network and owner of Lapoppie Mediations.

natalie@lapoppie.co.za

www.lapoppe.co.za 

 

The following institutions offer CPD points after successful attendance of the course as well as completion of the online questionnaire. Should you require CPD points, please follow this link: https://www.lunchandlearn.org.za/cpd-unpacking-the-domestic-violence-act-6-may-2023/

 

Should you require an normal attendance certificate after completion please follow this link: https://www.lunchandlearn.org.za/cpd-unpacking-the-domestic-violence-act-6-may-2023/

Note:

• all enquiries as to CPD points and/or attendance certificates should be directed to: cpd@lunchandlearn.org.za

• an administration / processing fee of R50.00 may be requested for the issue of a CPD Point certificate and/or attendance certificate

• to qualify for a CPD certificate, the only questionnaire needs to be submitted within 3 (three) days from the date of the broadcast