Section 5: Tenancy order

5. Tenancy order (1) Any spouse who has been the victim of an act of domestic violence and who reasonably believes that his spouse is likely to commit any further act of domestic violence against him may apply to the Court, in Form G of the Schedule, for a tenancy order so that the tenancy of the residence occupied by him should vest in him. (2) On an application being made for a tenancy order, the Court shall cause notice thereof to be served on the respondent spouse requiring him to appear before the Court on such day as may be fixed by the Court (not later than 14 days of the date of the application) to show cause why the order applied for should not be made. P44 – 7 [Issue 7] Protection from Domestic Violence Act (3) Subject to such Rules as may be made by the Chief Justice, an application for a tenancy order shall be heard in such manner as the Court may determine. (4) The Court shall not make a tenancy order in Form I of the Schedule unless it is satisfied that such an order is necessary for the protection of the aggrieved spouse, of his child or of both of them and that it is in the best interest of the family. (5) Where the Court is satisfied that there is a serious risk of harm being caused to the applicant before the application may be heard and that the circumstances revealed in the application are such as to warrant the protection of the Court even before the respondent spouse is heard, the Court may issue an interim tenancy order in Form H of the Schedule granting the applicant the exclusive right to live in the residence. (6) An interim tenancy order shall, unless the Court directs otherwise, remain in force until such time as the Court makes a final pronouncement on the application for the tenancy order. (7) Where an interim tenancy order is issued, the District Clerk shall immediately take steps to have a copy of the order served on the respondent spouse who shall be summoned to appear before Court on such day as may be fixed by the Court to show cause why the said order should not be confirmed, varied or discharged. (8) (a) Where a tenancy order is in force, either party may apply to the Court for a variation or revocation of same. (b) The spouse moving for such variation or revocation shall cause a copy of the application to be served on the other spouse. (c) In determining whether to vary or revoke a tenancy order, the Court shall have regard to the matters specified in subsection (4). [S. 5 amended by s. 7 of Act 11 of 2004 w.e.f. 19 June 2004; s. 4B of Act 23 of 2007 w.e.f. 26 September 2011.]