Maboe saga: What is a protection order and why is it so serious?

The spotlight is firmly on media personality Katlego Maboe and the legal case set by his estranged partner, Monique Muller, who was granted a protection order against him in September.

There was lots of confusion on his supposed court appearance at the Cape Town Magistrate’s Court on Tuesday for allegedly breaching the stipulations of a protection order. It has not been made clear why the protection order was granted, and a video of Muller detailing the days leading up to the protection order is yet to be released.

ALSO READ: NPA dockets bungle delays Katlego Maboe’s court appearance

What is a protection order and why is it so serious:

South African Police Services (SAPS) says: ” A protection order aims at preventing the reoccurrence of domestic violence or sexual harassment by stating what conduct the alleged offender must refrain from doing. As long as he/she complies with the protection order, the complainant will be safe. If the respondent contravenes any stipulation of the protection order, he/she may be arrested. Once a protection order is granted, it is enforceable throughout the country.”

Anel Jacobs an attorney at Van Wyk Attonerys explained: “A domestic violence protection order is obtained by way of the Domestic Violence Act, Act 116 of 1998. The sole purposes of this act is an attempt to give victims who are experiencing domestic violence the best possible protection that the law can offer. A domestic violence interdict can only be obtained against a person with whom the victim is in a domestic relationship with if they were or are married (including marriages according to any law, custom or religion). Secondly, with whom the victim lives or lived in a relationship in the nature of marriage although they were not marred.

“Thirdly, they are parents of a child or are persons who have parental responsibilities for that child, they are family members related by consanguinity, affinity or adoption, they are or were engaged, dating or in a customary relationship and lastly they share or recently shared the same residence.”

Domestic violence includes all forms – whether it be physical, sexual, emotional, psychological, economic, harassment, stalking, damage to property or any other controlling or abusive behaviour.

Jacobs says once the application has been made to the court and an interim order granted, it has to be served to the aggressor.

“It is important to note that an interim order has no force until it is served on the aggressor against whom the domestic violence application was brought.”

If the aggressor disobeys the interim order, the complainant will be able to have the aggressor arrested.

“In such circumstances, the aggressor will be charged for breach of a protection order and be required to appear in court. Once a charge is laid, a prosecutor may not refuse to institute prosecution or withdraw the matter without the consent of the Director of Public Prosecution.

“Breaching any of the terms as set out in the order can result in the aggressor receiving either a fine or a prison sentence, or both. When the court grants an interim protection order, it simultaneously issues a warrant of arrest against the aggressor. The warrant of arrest is suspended subject to the compliance with any of the conditions, prohibition or obligations that are set out in the interim protection order.”

Because it is an interim protection order, both parties will have to return to court as set out by the court and make their final arguments and place their respective versions before the court.

“The court will decide whether sufficient grounds exist for the interim protection order to be made a final order, alternatively whether the interim order should be set aside and/or varied. In the event of an interim protection order being made a final protection order, the order is valid for a period of five years.”

Jacobs said based on the above, a protection order is very serious in nature: “It not only protects the victim who applied for same, but also ensures that there are serious consequences in the event that each and every term as set out in a protection order is not complied with. As long as the aggressor complies with the terms of the protection order, there is however in principle no real danger and/or prejudice for the aggressor.”

However, a final protection order will not be recorded against the person’s name, in the same way as a criminal record. It is on the person to reveal the information to the organisation or institution enquiring if such an order has been made against them.

“This is for instance the case when you apply for a gun license or applying for a visa to some countries. The amount of weight that such a protection order will carry, will be dependent on each institution or organisation. Depending on the seriousness of the domestic violence order and/or the amount of violence that the person was found to have committed.”

She concluded that having a protection order has no bearing or influence on a person’s employment, it will be dependent on their line of work or the policy within the company they work for.

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