10. Application for protection order
(1)
A victim may, in the prescribed manner, apply to a court for a protection order to prevent—
(a)
a respondent;
(b)
an associated respondent; or
(c)
both a respondent and an associated respondent;
from carrying out a threat of gender-based violence against the victim or to prevent the respondent, an associated respondent, or both, from further committing acts which constitute gender-based violence against the victim.
(2)
If the victim is not represented by a legal representative, the clerk of court shall inform the applicant—
(a)
of the remedies available to the victim in terms of this Act; and
(b)
of the procedure for lodging an application for a protection order.
(3)
Notwithstanding subsection (1) and any other law, and subject to subsections (4) and (5), where a victim is for any reason unable to apply for a protection order personally, any other person with information about the gender-based violence may assist the victim to apply for a protection order.
(4)
Where the gender-based violence involves a child or a person with a mental disability the application shall be made by—
(a)
a person with whom the child or person with a mental disability normally resides or resides on a regular basis;
(b)
a parent or guardian of the child with a mental disability;
(c)
a social worker;
(d)
a police officer or probation officer;
(e)
a medical officer;
(f)
a representative of a non-governmental organisation; or
(g)
an institution with information about the gender-based violence.
(5)
A person who assists a victim to make an application shall—
(a)
obtain the victim’s consent, in writing, except where the victim—
(i)
is a child;
(ii)
has a mental disability;
(iii)
is unconscious; or
(iv)
is a person whom the court is satisfied is unable to provide the required consent; and
(b)
seek the leave of the court to make an application without the consent of the victim.
(6)
The application may be filed in a court situated where—
(a)
the victim resides, carries on business or is employed;
(b)
the respondent resides, carries on business or is employed;
(c)
the act of gender-based violence occurred or is occurring or is likely to occur; or
(d)
the victim is residing temporarily, if the victim has left the victim’s usual place of abode.
(7)
An application or action shall be commenced in the prescribed manner and form.
(8)
A court before which criminal proceedings in relation to gender-based violence are pending may, on its own motion, considering the circumstances of the case, or on an application by the victim, issue a protection order in respect of the victim.

20. (1)
Subject to subsections (2) and (3), where the court, in issuing a protection order, considers it expedient to issue an occupation order, the court may issue an order requiring a respondent to vacate the matrimonial home or other home which the respondent shares with the applicant and to continue to pay rent, mortgage payment and maintenance to the applicant.
(2)
The court shall issue an occupation order after it considers a social enquiry report, prepared by a social worker, a probation officer or other person appointed by the court, as appropriate.
(3)
Where the applicant and the respondent are in a marital relationship, the court shall consider the effect of the order or omission of the order on the health, education and development of the family.
(4)
A landlord shall not evict an applicant solely on the basis that the applicant is not a party to a lease, where a residence is rented by a respondent but exclusive occupation is given to the applicant by the court.
(5)
A landlord shall, in furtherance of subsection (4), provide the details of the lease to the applicant on request.

A person who is aggrieved by a decision of court may appeal to the High Court.