An 18-month suspended sentence was meted out to a 70-year-old Vosloorus man in the Boksburg Magistrate’s Court on January 29 for contravening a protection order.
The protection order was issued against Taitai Selepe on October 16, 2008, and prohibited him from assaulting the female complainant.
However, on December 11, last year, he failed to adhere to the protection order by assaulting her with his fist.
Selepe pleaded not guilty to the offence.
He has no previous convictions and the 18-month sentence he received is wholly suspended for five years on the condition that:
1. Selepe is not found guilty of contravening the protection order again.
2. He does not prevent the complainant from erecting accommodation for herself on the common property they own in Vosloorus.
Magistrate Jurg Viviers presided and Temba Maluleke represented the state.
Boksburg’s senior prosecutor, Henk Strydom, said this case highlights the fact that a protection order never expires.
“Many people seem to think a protection order has an expiry date – it does not,” Strydom warned.
He explained that the only way in which a protection order will cease to exist is when the complainant applies to the court to have it removed.
“Then, according to law, the court must hold an inquiry into the matter.
“It is not as clear-cut and simple as a complainant asking for a protection order to be withdrawn – there is a legal process and facts and evidence need to presented to the court before a decision is made,” said Strydom.
“The magistrate, ultimately, is the one who will decide whether that protection order stands or is withdrawn.”
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