2 Duration, extension and recall
1
A power of arrest comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed.
2
A power of arrest ceases to have effect—
a
on the date of expiry specified by the court;
b
when it is recalled by the court; or
c
when the interdict to which the power is attached is varied or recalled,
whichever is the earliest.
3
The duration of a power of arrest must, on the application of the person who obtained it, be extended by the court, if satisfied that—
a
the interdicted person has been given an opportunity to be heard by, or represented before, the court; and
b
the extension is necessary to protect the applicant from a risk of abuse in breach of the interdict.
4
The court, on extending the duration of a power of arrest, must specify a new date of expiry for the power, being a date not later than three years after the date when the extension is granted.
5
Where the duration of a power of arrest has been extended—
a
the extension comes into effect only when it has been served on the interdicted person along with such documents as may be prescribed; and
b
subsection (2) applies as if the date referred to in paragraph (a) of that subsection were the new date of expiry specified by the court in granting the extension.
6
Subsections (3), (4) and (5) apply to further extensions as they apply to an initial extension.
7
A power of arrest must be recalled by the court if —
a
the person who obtained it applies for recall; or
b
the interdicted person applies for recall and the court is satisfied that—
i
the person who obtained the power has been given an opportunity to be heard by, or represented before, the court; and
ii
the power is no longer necessary to protect that person from a risk of abuse in breach of the interdict.