Written by M Snyders
08 April 2022
WHAT IS THE DEFINITION OF HARASSMENT?
Harassment is defined in the Protection from Harassment Act 17 of 2011 (“the Protection from Harassment Act”) as directly or indirectly engaging in conduct that the respondent knows, or ought to know, causes harm, or inspires the person who is suffering the harassment to reasonably believe that harm may be caused, to that person – i.e. the person suffering from the harassment.
Harassment can take the following forms: accosting, watching, loitering outside or near the complainant’s residence, place of business or place where the complainant studies. Harassment also includes delivering letters, electronic mail, packages and/or objects to the complainant or the place where the complainant works, resides or studies.
The complainant can be harassed using verbal, electronic, or other forms of communication.
WHAT CAN I DO IF I AM BEING HARASSED?
Section 2 of the Protection from Harassment Act provides that a person can apply for a Protection Order against harassment at their nearest Magistrates Court.
WHO CAN APPLY FOR A HARASSMENT ORDER?
A legal representative can assist the complainant; in the alternative, a complainant may represent themselves in the application.
CAN A MINOR CHILD APPLY FOR A HARASSMENT ORDER?
A child may either apply personally at the nearest Magistrate’s Court; alternatively, a guardian or interested party may apply on the child’s behalf.
WHERE AND HOW CAN A PERSON APPLY FOR THE PROTECTION ORDER?
A complainant can apply at their nearest Magistrate’s court. They need to approach the clerk of the court and request an application for a Protection Order against harassment. The complainant must complete an affidavit stating the facts relating to the harassment. An attorney specialising in harassment at Burger Huyser Attorneys can assist you with the drafting of an affidavit.
The complainant can also seek the assistance of the South African Police Services by laying a criminal charge for trespassing, assault, malicious damage to property, and housebreaking.
WHAT DOES THE COURT PROCESS ENTAIL?
Once the application is lodged with the clerk of the court and served upon the respondent, a court date will be allocated. This is known as the return date. Notice of this date will be given to both the complainant and the respondent.
Based on the contents of the applicant’s affidavit, the court may grant an interim order which protects the complainant whilst the parties are waiting for the return date.
On the return date, the complainant can provide evidence to the court that the harassment exists and is possibly still ongoing, while the respondent can provide evidence to the contrary. The respondent in the matter will be entitled to defend himself and thus rebut what is stated in the complainant’s affidavit by providing a replying affidavit.
Based on the evidence, the court will either grant a final protection order, or set aside the interim order and dismiss the applicant’s application for a protection order.
CONTACT US TODAY SO THAT ONE OF OUR DOMESTIC VIOLENCE ATTORNEYS SPECIALISING IN PROTECTION ORDERS CAN ASSIST YOU WITH YOUR APPLICATION FOR A PROTECTION ORDER OR WITH THE OPPOSING OF AN ORDER THAT WAS BROUGHT AGAINST YOU WITHOUT PROPER GROUNDS.
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
