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For example, not only did the appellant allege that the respondent had assaulted their mother and threatened her with a knife, an incident which had occurred several years previously and had no bearing on the present issues, but he (or more properly his legal representatives) also sought to burden the papers with the documents filed in two pending high court applications between the parties which, so it was alleged, were to be regarded as ‘incorporated by reference’ into his papers.
The issues raised in those applications were similarly wholly irrelevant to the issue of a protection order.
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Summary: Domestic violence ─ definition of domestic relationship under the Domestic Violence Act 116 of 1998 ─ whether two middle-aged brothers who did not share a common household shared a domestic relationship ─ whether the conduct of one brother constituted domestic violence as envisaged by the Act. The Daffy brothers, Christopher (the appellant) and Stephen (the respondent), are businessmen of Johannesburg.
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