Attorneys, Notaries & Conveyancers | Garlicke and Bousfield

Hand holding purple Ribbon for Pancreatic, Esophageal, Testicular cancer, world Alzheimer, epilepsy, lupus, Sarcoidosis, Fibromyalgia and domestic violence Awareness month. World cancer day concept

On 7 March 2025, South Africa took a major step forward in the fight against domestic violence with a powerful amendment to its Domestic Violence Regulations, 2022. The new provisions, published under Government Notice NR 5966, introduce critical privacy protections for victims, ensuring that their personal information is shielded from abusers.

This game-changing amendment strengthens the Domestic Violence Act, 1998 (Act No. 116 of 1998) by addressing the crucial concern of victim safety and confidentiality.

The introduction of a new sub-regulation (1A) under Regulation 7 mandates that the personal details of the complainant (or their representative) must now be recorded separately on a new form—Form 6A.

This is important for the following reasons:

  • Personal details will no longer be shared with the respondent (the alleged abuser).
  • Form 6A will be for official use only, preventing sensitive information from falling into the wrong hands.
  • Form 6 remains the official Application for Protection Order, but now without exposing the complainant’s personal details.

This simple yet powerful change brings much-needed improvement to the domestic violence legal process by ensuring that victims are not put at further risk by having their private details accessible to their abusers.

The benefits of this legislative update include:

  • Enhanced Privacy & Security – Victims’ addresses and personal information are now shielded from the respondent, reducing the risk of retaliation or intimidation.
  • Streamlined Court Process – The clear separation between application forms makes the process more efficient, transparent, and survivor-friendly.
  • Stronger Protection for Vulnerable Individuals – This amendment closes a dangerous loophole that previously exposed complainants to potential harm.

By making victim safety a top priority, this amendment signals a firm commitment by the South African government to support survivors and hold abusers accountable. It is a crucial victory in the ongoing fight against gender-based violence, reinforcing the legal system’s role in protecting the vulnerable and empowering victims to seek justice without fear.

With better privacy, stronger protections, and a survivor-centered approach, these changes mark a significant step toward a safer South Africa.

Telephone: +27 31 570 5334, email: adrienne.oliver@gb.co.za