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FORM 4: [Regulation 5] NOTICE TO RESPONDENT TO (South Africa Department of Justice and Constitutional Development)

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Department of Justice and Constitutional Development
1
J72
REPUBLIC OF SOUTH AFRICA
FORM 4
[Regulation 5]
NOTICE TO RESPONDENT TO SHOW CAUSE
SECTION 3(4) OF THE PROTECTION FROM HARASSMENT ACT, 2011 (ACT N0. 17 OF 2011)
IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF …………….............................……………….
HELD AT ……………………..........…..................…....... APPLICATION NO. ………....................…/………
In the matter between:
………………………………………………………………...............................………...........…….. (Complainant)
AND
………………………………………………………………....................................………...........…. (Respondent)
(*Delete whichever is not applicable)
1. PARTICULARS OF RESPONDENT
Address:………………………………………………………………..............................…...........……………………
………………………………………………………………………………………….........................................………
………………………………………………………………………………………….........................................………
Contact number (telephone number/cellular phone number/facsimile number/e-mail address (whichever is
available)): ........................................………..………………….....……………………………...........................….
………………………………………...................................………………………...……………………………………
………………………………………………........................................……………..…………………………………..
2. PARTICULARS OF APPLICATION
On ................................ (date), ........................................................................ (name of person who applied for
protection order) applied for a protection order against the respondent. The court considered the application
but has not issued an interim protection order. A copy of the application and supporting affidavits are attached
for the information of the respondent
3. NOTICE TO RESPONDENT
3.1 The respondent is called upon to show cause on ………….......…… (the return date) at …………..(time)
at the abovementioned court, why the court should not issue a final protection order against him or her.
3.2 The return date specified in paragraph 3.1, above, may be anticipated by the respondent on not less
than 24 hours’ written notice to the complainant and the court.
3.3 If the respondent does not appear on the return date and if the court is satisfied that —
(a) proper service has been effected on the respondent; and
J72
Department of Justice and Constitutional Development
2
(b) the application contains prima facie evidence that the respondent has engaged or is engaging in
harassment,
the court must issue a final protection order.
3.4 In terms of section 16 of the Protection from Harassment Act, 2011, 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.
In terms of sections 3(4) and 15(a) of the Protection from Harassment Act, 2011, ...………………………
………….................……… (name and surname), who is a *clerk of the court/*sheriff/ *peace officer is
hereby directed to serve this notice, a certified copy of the application and supporting affidavits on
the respondent in accordance with regulation 28 of the Protection from Harassment Regulations,
2013.
............................................................... ............................................
MAGISTRATE DATE
Office stamp
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FORM 4: Regulation 5 NOTICE TO RESPONDENT TO (South Africa Department of Justice and Constitutional Development)

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Completed 25 June 2021

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