[15 April 2023]
The Domestic Violence Amendment Act of 2021 became effective on 14 April 2023.
Domestic Violence Amendment Act, 2021
Updated regulations, including required forms, were simultaneously issued.
Domestic Violence Regulations 2022
Victims of domestic violence can seek a court-issued protection order to prevent acts of domestic violence through electronic communications. The newly added section 5B mandates that electronic communication service providers must:
- Provide details about the identity of individuals accused of using electronic communications to commit domestic violence.
- Remove or restrict access to electronic communications that are used to perpetrate domestic violence when applicable.
Electronic communication service providers (ECSPs), which include internet service providers (ISPs) and hosting services, may charge a fee of R150 (VAT included) for each request they process for information. However, many ECSPs choose to waive this fee.
Information on the Domestic Violence Act for Victims
The necessary forms can be accessed through the Department of Justice’s website.
Compensation Tariffs in Accordance with Section 5B(9) of the Domestic Violence Act, Payable to ECSPs as of 14 April 2023
[22 June 2022]
Recent changes to the Domestic Violence Act place responsibilities on electronic communication service providers (such as ISPs and voice service providers) to support the protection of domestic violence victims.
Domestic Violence Amendment Act, 2021
These recent amendments have not yet been enforced.
These changes are meant to enhance the existing provisions in the Protection from Harassment Act and the Maintenance Act, which also require ECSPs to assist in identifying individuals who unlawfully harass others or fail to meet their maintenance obligations.
The Department of Justice and Constitutional Development, along with ICASA, is currently inviting feedback on draft regulations and proposed tariffs essential for the full enactment of the Amendment Act.
Feedback must be submitted by 16:00 on 8 July 2022.
Draft Compensation Tariff for ECSPs:
Attention: Chief Executive Officer, Mr. Willington Ngwepe / domesticviolencetariffs@icasa.org.za
Draft Regulations and Forms:
Attention: Mr. M Mokulubete / MMokulubete@justice.gov.za
Electronic Communication Service Providers and Domestic Violence
[15 April 2023]
The Domestic Violence Amendment Act of 2021 became effective on 14 April 2023.
Domestic Violence Amendment Act, 2021
Updated regulations, including required forms, were simultaneously issued.
Domestic Violence Regulations 2022
Victims of domestic violence can seek a court-issued protection order to prevent acts of domestic violence through electronic communications. The newly added section 5B mandates that electronic communication service providers must:
Electronic communication service providers (ECSPs), which include internet service providers (ISPs) and hosting services, may charge a fee of R150 (VAT included) for each request they process for information. However, many ECSPs choose to waive this fee.
Information on the Domestic Violence Act for Victims
The necessary forms can be accessed through the Department of Justice’s website.
Compensation Tariffs in Accordance with Section 5B(9) of the Domestic Violence Act, Payable to ECSPs as of 14 April 2023
[22 June 2022]
Recent changes to the Domestic Violence Act place responsibilities on electronic communication service providers (such as ISPs and voice service providers) to support the protection of domestic violence victims.
Domestic Violence Amendment Act, 2021
These recent amendments have not yet been enforced.
These changes are meant to enhance the existing provisions in the Protection from Harassment Act and the Maintenance Act, which also require ECSPs to assist in identifying individuals who unlawfully harass others or fail to meet their maintenance obligations.
The Department of Justice and Constitutional Development, along with ICASA, is currently inviting feedback on draft regulations and proposed tariffs essential for the full enactment of the Amendment Act.
Feedback must be submitted by 16:00 on 8 July 2022.
Draft Compensation Tariff for ECSPs:
Attention: Chief Executive Officer, Mr. Willington Ngwepe / domesticviolencetariffs@icasa.org.za
Draft Regulations and Forms:
Attention: Mr. M Mokulubete / MMokulubete@justice.gov.za
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