(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;
đang được dịch, vui lòng đợi..