Harassment Act of South Africa

 

The Protection from Harassment Act 17 of 2011 (often referred to as the Harassment Act) is a law in South Africa that empowers victims of harassment and stalking to seek protection through the court system. Here’s a breakdown of the key aspects of this Act:

 

 

What Does It Address?

 

The Act tackles harassing behavior that violates a person’s right to privacy and dignity. Harassment can encompass a range of actions, including:

 

• ✅ Unwanted physical contact
• ✅ Verbal threats or abuse
• ✅ Malicious damage to property
• ✅ Following or monitoring someone in a way that makes them feel unsafe
• ✅ Repeated unwanted phone calls, texts, emails, or social media messages

 

 

Who Can Apply for a Protection Order?

 

Anyone who fears for their safety due to harassment can apply for a protection order under this Act. This includes:

• ☑️ Adults
• ☑️ Children (through a parent or legal guardian)
• ☑️ Elderly persons

 

 

Types of Protection Orders

 

The Act allows for two main types of protection orders:

 

• 📌 Domestic Violence Protection Order: This protects individuals from abuse by someone they have or had a close relationship with, such as a spouse, partner, ex-partner, parent, child, or roommate.

 

• 📌 Harassment Protection Order: This protects individuals from abuse by someone they don’t have a close relationship with, like a neighbor, colleague, or stranger.

 

 

How to Apply for a Protection Order

 

The process for applying for a protection order typically involves:

 

1. Contacting Your Local Magistrate’s Court: Inquire about the specific procedures and required documents in your area.
2. Completing Application Forms: You’ll need to fill out forms detailing the situation, including information about yourself, the respondent (the person you’re seeking protection from), and the nature of the harassment.
3. Gathering Evidence: Providing evidence to support your claims strengthens your application. This could include police reports, witness testimonies, phone records, screenshots of messages, or any documentation of the harassment.
4. Court Appearance: There might be a brief court hearing where you present your case to a magistrate. The respondent might also have the opportunity to be heard.
5. Order Issued (or Denied): The magistrate will decide whether to grant the protection order based on the evidence presented.

 

 

What a Protection Order Can Do

 

A protection order can outline various restrictions on the respondent’s behavior to protect you, such as:

 

• 📌 Prohibiting Contact: The respondent might be ordered to not contact you directly or indirectly (phone calls, texts, emails, social media).

 

• 📌 Staying Away: The respondent might be ordered to stay away from your home, workplace, or specific locations you frequent.

 

• 📌 Returning Possessions: The respondent might be required to return any belongings of yours they might have taken.

 

• 📌 Firearm Restrictions: The respondent might be prohibited from owning or possessing firearms.

 

 

Enforcement

 

Protection orders are legally enforceable by the South African Police Service (SAPS). If the respondent violates the terms of the order, you can report it to the police, and they can take legal action against the respondent.

 

 

Additional Resources

 

• ✅ Department of Justice and Constitutional Development: https://www.justice.gov.za/forms/form_pha.html
• ✅ South African Police Service (SAPS): https://www.justice.gov.za/forms/form_pha.html
• ✅National Shelter Movement of South Africa: https://www.facebook.com/NationalShelterMovementSA/

 

 

Remember

 

You are not alone. If you are experiencing harassment, there is help available. Don’t hesitate to reach out for support and take steps to protect yourself.