How to Open a Case for GBV in South Africa?

A gender-based violence (GBV) case can be opened in South Africa in two parallel ways: a criminal case (registered as a Crime Administration System, or CAS, entry at any SAPS station) under the Criminal Procedure Act 51 of 1977, and a civil protection order applied for at the Magistrate’s Court in the district where the complainant lives, works, or carries on business, under the Domestic Violence Act 116 of 1998. Both paths are available at the same time and many victims pursue both. A third emergency route is the national Gender-Based Violence Command Centre (GBVCC), a 24/7 call centre that routes a victim to the nearest police station, Thuthuzela Care Centre, or social worker. SAPS is required to assist a GBV victim under National Instruction 7/1999, and a police station may not refuse to open a case because the matter is regarded as “domestic.”

Two Routes, One Set of Facts: Understanding the GBV Case Pathways

South African law gives a GBV victim two distinct legal pathways. They sit on different procedural tracks, are heard in different forums, and produce different outcomes — but they can be started at the same time and do not depend on each other.

Feature	Criminal case (CAS)	Protection order (civil)
Forum	Any SAPS station; prosecuted in the criminal courts	Magistrate’s Court in the district where the complainant lives, works, or carries on business
Governing law	Criminal Procedure Act 51 of 1977; SAPS National Instruction 7/1999	Domestic Violence Act 116 of 1998
Who handles it	SAPS (investigation) and the National Prosecuting Authority (prosecution)	The Magistrate sitting in the Domestic Violence Court
Outcome	Arrest, charge, and possible trial	Court order restraining the abuser; breach is a criminal offence under section 17
Cost to open	Free	Free — no filing fee

A common source of confusion is between the protection-order route (a civil order from the Magistrate’s Court) and the bail-application route (a criminal-process step that occurs after an arrest) — the two are different stages of different tracks and a complainant does not need to wait for one to start the other.

Route 1: Opening a Criminal Case (CAS) at SAPS

The criminal route begins at a police station. Any SAPS station in South Africa has the duty to assist a GBV complainant, and SAPS National Instruction 7/1999 expressly prohibits turning a complainant away because the matter is regarded as “domestic,” because the complainant is not married to the abuser, or because there is no identity document or visible injury. The opening of a CAS — the Crime Administration System entry — is the first formal step; investigation, arrest, and prosecution follow through the National Prosecuting Authority pathway.

1. Go to the police station. Any station in South Africa has the duty to assist.
2. Ask to open a case. The officer on duty must take a formal statement and register a CAS number.
3. Request a female officer where reasonably possible — permitted under National Instruction 7/1999.
4. Keep your CAS number. It is the official record of the case being opened.

If the station refuses to open a case, the complainant can request the station commander, escalate to the SAPS Provincial Commissioner, or contact the GBV Command Centre to assist with the referral. Burger Huyser Attorneys’ Criminal Law practice is set up for the stage that follows — where the docket is contested, the accused applies for bail, or the matter turns on forensic or digital evidence.

What to Bring and What to Expect at the Police Station

• Identity document — if available; a complainant without an ID is still entitled to have a case opened.
• Any physical evidence: damaged clothing, photographs of injuries, threatening messages, medical records.
• Names of witnesses, including any children who were present.
• A written or oral account of the incident — the police will take a formal statement.
• Where an injury has been sustained, attend a hospital or Thuthuzela Care Centre for a forensic medical examination and a J88 form filled in by the doctor. This is the standard medico-legal evidence document used in criminal trials.

Route 2: Applying for a Protection Order at the Magistrate’s Court

The civil route is the protection order. The application is brought on the prescribed forms: Form 2 (application for a protection order) and Form 1 (information note explaining the process). The clerk of the court at the Magistrate’s Court in the district where the complainant lives, works, or carries on business assists with completing the forms — the process is designed to be accessible without an attorney and is free at the point of access.

Form	Purpose	Stage
Form 1	Information note explaining the process	Application stage
Form 2	Application for a protection order	Application stage
Form 3	Interim protection order	Granted on the day if prima facie evidence of abuse is established
Form 4	Final protection order	Granted after the return date, when both parties have been heard

The application is set down for a hearing, and the court may first grant an interim protection order (Form 3) if there is prima facie evidence of abuse and harm — the interim order is in force pending the return date. After the return date, the court may grant a final protection order (Form 4), which may include any order the Act permits: preventing the respondent from committing the abuse, from entering the shared residence, from contacting the complainant, from enrolling a child at a new school, or from taking a child out of the area. A protection order is a civil order, but breaching it is a criminal offence under section 17 of the Domestic Violence Act — arrest without warrant is permitted once a protection order is in force.

Types of Abuse Covered by the Domestic Violence Act

• Physical abuse — assault, attempted assault, infliction of bodily harm.
• Sexual abuse — any conduct amounting to a sexual offence under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
• Emotional, verbal and psychological abuse — patterns of degrading conduct, intimidation, harassment, insults.
• Economic abuse — unreasonably withholding financial support or controlling the complainant’s economic life.
• Stalking and persistent unwanted contact.

The Act expressly recognises that a complainant may be in a dating relationship, a same-sex relationship, an engagement, a customary marriage, or a cohabiting arrangement — marriage is not a requirement. Burger Huyser Attorneys’ Family Law Department handles protection-order applications under the Domestic Violence Act as part of its broader Family Law practice, which also covers interdicts, custody, and maintenance matters that often sit alongside a protection order.

The Third Emergency Route: GBV Command Centre and Thuthuzela Care Centres

The Department of Justice and Constitutional Development’s Gender-Based Violence Command Centre operates nationally, 24 hours a day, in multiple languages, and is reachable on a toll-free number maintained by the Department of Social Development. The Command Centre can route a victim to a police station, a Thuthuzela Care Centre, a hospital, or a social worker in the caller’s area. Thuthuzela Care Centres are one-stop facilities co-located at selected public hospitals, designed to integrate the criminal-justice, health, and social-welfare response — a victim can lay a charge, undergo a forensic medical examination, receive counselling, and obtain a referral in a single visit. The National Prosecuting Authority’s dedicated Thuthuzela unit works with the Centres to fast-track sexual offences and other GBV matters through the criminal-justice system. The current toll-free number, SMS/USSD shortcode, and the up-to-date list of Thuthuzela Care Centre locations should be sourced from the Department of Justice and Constitutional Development (justice.gov.za) before relying on them.

In immediate danger? Contact the South African Police Service on 10111, or call the national GBV Command Centre on its published toll-free number. For non-emergency guidance, the Department of Justice and Constitutional Development publishes information on the GBV process at justice.gov.za.

Children and Other Vulnerable Complainants

A parent, guardian, or any person with a sufficient interest in a child’s wellbeing may apply for a protection order on the child’s behalf under section 4 of the Domestic Violence Act. A child may also be a complainant in a separate criminal case — sexual offences against children are prosecuted under the Criminal Law (Sexual Offences and Related Matters) Amendment Act, with dedicated Sexual Offences Courts. An adult against whom a vulnerable-dependant abuse has been committed (an elderly parent or a person with a disability, for example) may also be assisted through the same routes.

After the Case Is Opened: What Happens Next

On the criminal side, the investigating officer takes the matter forward; the SAPS Forensic Science Laboratory processes any exhibits; the docket is referred to the National Prosecuting Authority for a prosecution decision; and the complainant is informed of the outcome of the bail hearing (if applicable) and the trial date. On the civil side, the interim order comes into force immediately and is served on the respondent by the police; if the respondent breaches the order, the police may arrest without warrant and the breach is a criminal offence under section 17. Along both routes, the complainant may be referred to a counselling service, a shelter, or a victim-support programme.

Going to a Lawyer: When, and for What

A complainant is not required to instruct an attorney to open a criminal case at SAPS or to apply for a protection order at the Magistrate’s Court — both processes are designed to be accessible without legal representation. A lawyer is useful where the protection-order application is contested, where the criminal case has evidentiary complexity (forensic, medical, or digital evidence), or where the GBV is also tied to a maintenance variation, custody, divorce, or interdict. Burger Huyser Attorneys fields protection-order work through its Family Law practice and bail/defence work through its Criminal Law practice, with branches across Gauteng — Randburg (head office), Roodepoort, Sandton, Bedfordview, Alberton, Midrand, Pretoria (Menlyn), and Centurion. The head office is reachable on 011 888 0246.

Frequently Asked Questions

Where do I go to open a GBV case in South Africa?

A criminal case is opened at any SAPS police station — the station is required to assist and to open a Crime Administration System (CAS) entry under SAPS National Instruction 7/1999. A protection order is applied for at the Magistrate’s Court in the district where you live, work, or carry on business. Both can be initiated at the same time.

Can a SAPS station refuse to open a GBV case?

No. A police station may not refuse to open a case because the matter is regarded as “domestic,” because the complainant is not married to the abuser, because the complainant has no identity document, or because the injuries are not visible. If a station refuses to assist, ask for the station commander, escalate to the Provincial Commissioner, or call the national GBV Command Centre for help routing the case.

Do I need a lawyer to open a GBV case?

No — neither opening a criminal case at SAPS nor applying for a protection order at the Magistrate’s Court requires a lawyer. The clerk of the court at the Magistrate’s Court helps with the protection-order forms. A lawyer is helpful where the application is contested, where the criminal case has evidentiary complexity, or where the GBV is tied to a wider Family Law matter (divorce, custody, maintenance).

What is the difference between a criminal case and a protection order?

A criminal case is opened at SAPS, investigated by the police, and prosecuted by the NPA — the outcome is arrest, charge, and possible trial. A protection order is a civil order from the Magistrate’s Court under the Domestic Violence Act 116 of 1998, restraining the abuser from further contact; if breached, the breach is itself a criminal offence. Both routes are available to the same victim at the same time.

How long does a protection order take?

An interim protection order is generally issued on the day of the application if the court is satisfied on the face of the application; a final protection order is considered after the return date, when both parties have had an opportunity to be heard. The interim order is enforced in the meantime.

What is a Thuthuzela Care Centre?

A Thuthuzela Care Centre is a one-stop facility, co-located at selected public hospitals, that integrates the criminal-justice, health, and social-welfare response to GBV — a victim can lay a charge, undergo a forensic medical examination, receive counselling, and obtain a referral in one visit. The NPA runs a dedicated Thuthuzela unit to fast-track these matters.

Can I apply for a protection order on behalf of a child?

Yes — a parent, guardian, or any person with a sufficient interest in the child’s wellbeing may apply for a protection order on the child’s behalf under the Domestic Violence Act. A child can also be a complainant in a separate criminal case.

If you have taken the step of opening a GBV case and need legal help with a protection order application under the Domestic Violence Act 116 of 1998, a related interdict, or any connected Family Law matter, Burger Huyser Attorneys’ Family Law Department can assist. The firm practises from offices in Linden, Roodepoort, Sandton, Bedfordview, Alberton, Midrand, Pretoria (Menlyn), and Centurion, with the head office reachable on 011 888 0246. For urgent matters, the firm’s after-hours mobile line is available. For immediate danger, contact the South African Police Service on 10111 or the national GBV Command Centre on its published toll-free number. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work through its Family Law and Criminal Law practices — but the first step is always your safety.