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.