Fill - Free fillable FORM 2: [Regulation 3] APPLICATION FOR PROTECTION ORDER (South Africa Department of Justice and Constitutional Development) PDF form

Department of Justice and Constitutional Development

1

J59

REPUBLIC OF SOUTH AFRICA

FORM 2

[Regulation 3]

APPLICATION FOR PROTECTION ORDER

SECTION 2(1) OF THE PROTECTION FROM HARASSMENT ACT, 2011 (ACT NO. 17 OF 2011)

In the Magistrate’s Court for the District of …………………………..................................………………

Application number: ……………...................……..20……………..

Name of complainant: …………….....................................…………………………………………………..

This form is to be lodged with the clerk of the court

Is the complainant in possession of or in the process of applying for a Yes No

protection order against harassment or stalking as provided for in the

Domestic Violence Act, 1998 (Act No. 116 of 1998).

PART A : APPLICATION

(*Delete whichever is not applicable)

1. PARTICULARS OF COMPLAINANT

Surname:

Full names:

Identity number:

Date of birth:

Home or temporary address:

Home/contact telephone

number/s:

Work address:

Work telephone number:

Occupation:

J59

Department of Justice and Constitutional Development

2

*2. PARTICULARS OF PERSON MAKING THE APPLICATION ON BEHALF OF THE

ABOVEMENTIONED COMPLAINANT (if applicable)

Surname:

Full names:

Identity number:

Date of birth:

Home or temporary address:

Home/contact telephone

number/s:

Work address:

Work telephone number:

Occupation:

Nature of relationship with the

complainant:

State reason(s) why application

is made on behalf of the

complainant:

Indicate whether written consent

of complainant has been

obtained:

(Delete whichever is not

applicable)

*(a) Written consent has been obtained and is attached.

*(b) Written consent is not necessary since the complainant is a child

(under the age of 18 years).

*(c) The complainant is unable to provide written consent because:

.................................................................….………………………..............

J59

Department of Justice and Constitutional Development

3

*3. PARTICULARS OF RELATED PERSON/S AFFECTED BY HARASSMENT (A RELATED PERSON

IS ANY MEMBER OF THE FAMILY OR HOUSEHOLD OF A COMPLAINANT, OR ANY OTHER

PERSON IN CLOSE RELATIONSHIP TO THE COMPLAINANT):

Name:

Age:

Relationship to complainant:

4. INFORMATION REGARDING ACTS OF HARASSMENT

(Take note:

(a) Supporting affidavits by persons who have knowledge of the matter concerned may accompany

this application and must be annexed as an annexure to this form.

(b) If reference is made to any documents, photographs, recordings, videos etc. —

(i) the original thereof must at all times be kept by the complainant for purposes of

submitting it as evidence in this application and a subsequent hearing that may take

place;

(ii) copies of documents and photographs may be attached to this form as an

annexure; and

(iii) copies of audio and video recordings may also be attached to this form as an

annexure if it is furnished on a CD, DVD or other computer readable device and in a

computer readable format and sealed in an envelope.)

(c) TAKE NOTE: All annexures to this document must be –

(i) numbered alphabetically starting with ―A‖; and

(ii) listed under paragraph 10, below.

Give full details of all incidents of harassment:

………………………………………………………………………………………………………………………………

J59

Department of Justice and Constitutional Development

4

………………………………………………………………………………………………………………………………

J59

Department of Justice and Constitutional Development

5

5. PARTICULARS OF RESPONDENT (PERSON RESPONSIBLE FOR HARASSMENT OF THE

COMPLAINANT OR RELATED PERSON):

*5.1 To be completed where the respondent is known to the complainant:

Surname:

Full names:

Home address:

Address where respondent can

likely be found:

Telephone number:

Facsimile number:

E-mail address:

Cellular phone number:

Work address:

Work telephone number:

Occupation:

*5.2 To be completed where respondent is unknown to the complainant and uses electronic

communications to harass complainant:

The name of the service provider which

provides a service to the complainant or

related person over which the harassing

communication was received (for example

XYD Internet service provider which provides

an internet service to the complainant/related

person who is the owner/user of the computer

which received a harassing e-mail):

The electronic communications identity

number associated with the aforementioned

service to which the harassing communication

was sent (for example the Internet Protocol

(IP) address assigned to the computer of the

complainant/related person or cellular phone

number or telephone number which received

the harassing communication):

J59

Department of Justice and Constitutional Development

6

The electronic communications identity

number from where the harassing

communication originated, where available

(for example the e-mail address and/or IP

address accompanying the harassing

electronic communication or a web-address

which contains harassing content or cellular

phone number from which the harassing

communication originated):

Date, time and duration of harassing

communication, if applicable (for example the

complainant received a harassing cellular

phone call on 12 December 2012 at 12h00

which lasted 12 minutes):

*5.3 To be completed where respondent is unknown to the complainant and physically harasses the

complainant:

Will you be able to identify the respondent: Yes No

(a) Description of respondent: ……........................…………………………………………………………

………………………………………………………………………………………………………………………………

(b) Location where respondent can probably be found: ….......................……………………………....

………………………………………………………………………………………………………………………………

(c) Any other information that might assist the South African Police Service in tracing the respondent:

………………………………................……………………………………….............................................................

………………………………………………………………………………………………………………………………

J59

Department of Justice and Constitutional Development

7

(d) (i) Did the complainant or related person make a statement under oath Yes No

or affirmation at a police station that he or she intends to apply for a protection order

against harassment against a person whose name and address are unknown to the complainant:

(ii) If the answer under paragraph (d)(i) is yes, please state the following particulars:

At which police station was the statement made:

Date and time of making the statement:

Reference number:

6. INFORMATION REGARDING URGENCY OF APPLICATION

Submit the reasons why the court has to consider the application as a matter of urgency:

………………………………………………………………………………………………………………………..………

……………………………………………………………………………………………………………………..…………

………………………………………………………………………………………………………………………..………

…………………………………………………………………………………………………………………………..……

…………………………………………………………………………………………………………………..……………

………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………….............

J59

Department of Justice and Constitutional Development

8

7. TERMS OF PROTECTION ORDER

The court is requested to —

7.1 prohibit the respondent from —

*7.1.1 engaging in or attempting to engage in harassment of the complainant;

*7.1.2 engaging in or attempting to engage in harassment of the related persons whose

particulars are provided in paragraph 3, above;

*7.1.2 enlisting the help of another person to engage in harassment of the

*complainant/*related person;

*7.1.3 committing any of the following act/s:

(a) ………………………………………………………………………......................................………….

………………………………………………………………………......................................………….

(b) …………………………………………………………………………......................................……….

……………………………………………………………………………......................................…….

(c) ……………………………………………………………………………......................................…….

………………………………………………………………………………......................................….

*7.2 impose the following additional conditions that are necessary to protect and to provide for the

safety and well-being of the *complainant/* related person:

(a) ………………………………………………………………………......................................………….

………………………………………………………………………......................................………….

(b) …………………………………………………………………………......................................……….

……………………………………………………………………………......................................…….

(c) ……………………………………………………………………………......................................…….

………………………………………………………………………………......................................….

*7.3 order (mark appropriate space and complete where necessary):

*(a)

That a member of the South African Police Service is to seize the following weapon(s)

…...................................................................................................................................................

......................................................................................................................................................

*(b)

That a member of the South African Police Service is to accompany the complainant or related

person to the following residence: ...……………….............…………………………………….....…

...............................................................................................................................................…, to

supervise the collection of the complainant's or related person's personal property set out in

paragraph 8, below.

*(c)

That the station commander of the ……………..............................………………………… police

station must investigate the matter with the view to instituting a criminal prosecution against the

respondent.

J59

Department of Justice and Constitutional Development

9

*8. PERSONAL PROPERTY

Property description:

Grounds on which property is

considered to be personal property:

Address where property is

kept:

9. POLICE STATION WHERE BREACH OF PROTECTION ORDER WILL LIKELY BE REPORTED

I am likely to report a breach of the protection order at the …………............................……………………

Police Station.

10. INDEX OF ANNEXURES TO THIS FORM

Mark each Annexure alphabetically,

starting with "Annexure A", and

attach it to this form.

Give short description of Annexure, for example "statement of witness

X", “CD with photographs”.

WARNING:

* It is a criminal offence to make a false statement in an affidavit for the application for a

protection order.

* The court may make an order as to costs against a party if it is satisfied that the party in

question has acted frivolously, vexatiously or unreasonably.

........................................................................ ……………………………………………

*Signature/*thumb print /*mark of *complainant/*person Date

who applies for a protection order on behalf of

the complainant

J59

Department of Justice and Constitutional Development

10

PART B : CERTIFICATION

I certify that before administering the *oath /* taking the affirmation I asked the Deponent the following

questions and noted *her/his answers in *her/*his presence as indicated below:-

(a) Do you know and understand the contents of the above declaration? Answer: …………..

(b) Do you have any objection to taking the prescribed oath? Answer: …………..

(c) Do you consider the prescribed oath to be binding on your conscience? Answer: …………..

I certify that the Deponent has acknowledged that *she/*he knows and understands the contents of this

declaration which was *sworn to / *affirmed before me, and the Deponent's *signature / *thumb print / *mark

was placed thereon in my presence.

Dated at …………..................................…………. this ………… day of …………………. 20…………. .

…………………………………………………………….

Justice of the Peace / Commissioner of Oaths

Full Names: ……………………………………………...................................…........……….………………………

Designation: ……………………………………………………………………...........................................…………

Area for which appointed: ……………………………………………………...............................................………

Business Address: …………………………………………………………………...........................................…….

................................................................…………………………………………………….........………………….

To be completed by the clerk of the court

PART C:

1. I, …………………………………...................……………………………, the clerk of the above-mentioned

court, received the application for a protection order on (date): ………......................…. (time): ………………

2. I have completed the attached acknowledgement of receipt and handed it to the person who lodged this

application for a protection order.

PART D:

The application for a protection order was submitted to (name and surname of magistrate):

………………………………………………….................……….. on (date):……........………. (time): …...………

Signature of clerk of the court: …………………………

Office stamp

J59

Department of Justice and Constitutional Development

11

------------------------------------------------------------------------------------------------------------------------------------------

Acknowledgement of receipt of application for a protection order by clerk of the court

(Take note: This acknowledgement of receipt must be handed to the person

who lodges the application with the clerk of the court)

Application number: …............................………………..20……………..

Name of complainant: ………………………….....................................……………………………………..

I, ………………………………………………………………............................., the clerk of the Magistrate’s Court

for the District of ………….................................………………………………, hereby acknowledges receipt of

the application for a protection order against harassment.

………….………………………………

Signature of clerk of the court:

Date: …………………………………..

Time: ………………

Office stamp

Fill Online, Printable, Fillable, Blank FORM 2: [Regulation 3] APPLICATION FOR PROTECTION ORDER (South Africa Department of Justice and Constitutional Development) Form

Related forms

Fillable FORM 2: [Regulation 3] APPLICATION FOR PROTECTION ORDER (South Africa Department of Justice and Constitutional Development)

Fill Online, Printable, Fillable, Blank FORM 2: [Regulation 3] APPLICATION FOR PROTECTION ORDER (South Africa Department of Justice and Constitutional Development) Form

Related forms

First 20 documents completely FREE!