A Legal Guide to Harassment Protection Orders in South Africa

A harassment protection order in South Africa is applied for on Form 2 (J059) at the Magistrate’s Court for the district where either the applicant or the respondent resides, carries on business, or is employed, under the Protection from Harassment Act 17 of 2011, which was assented to on 2 December 2011 and commenced on 27 April 2013 (Proclamation R9 in Government Gazette 36357). The court can grant an interim protection order at the first hearing if satisfied there is prima facie evidence of harassment; the interim order is then served on the respondent together with a return date at which the respondent can show cause why the order should not be made final. A final protection order may prohibit contact, prohibit specified conduct, or include tailored terms, and breaching a protection order is a criminal offence under section 18(1)(a) of the Act carrying a fine or imprisonment for a period not exceeding five years.

The Legal Framework: The Protection from Harassment Act 17 of 2011

The Protection from Harassment Act 17 of 2011 provides the statutory basis for civil protection orders against harassment in South Africa. It was assented to on 2 December 2011 and commenced in full on 27 April 2013 by Proclamation R9 published in Government Gazette 36357 of 12 April 2013. The Act creates a single, nationally applicable remedy that operates alongside, but is separate from, the Domestic Violence Act 116 of 1998.

Three features distinguish the Act from the older domestic-violence regime:

• It is not limited to domestic relationships. Section 1(2) of the Act expressly confirms that the Protection from Harassment Act does not prevent a person who could apply for relief under the Domestic Violence Act from applying under this Act instead — meaning a protection order can be sought against any individual, including a stranger, neighbour, colleague, ex-partner outside the DVA’s domestic-relationship scope, or anyone else whose conduct the applicant finds intolerable.
• Applications are made in the Magistrate’s Court, not the High Court. Section 1 defines “court” as “any magistrate’s court for a district referred to in the Magistrates’ Courts Act, 1944 (Act 32 of 1944)”, which keeps the remedy accessible at the lower-court level.
• The order is tailored to the circumstances. Section 10 gives the court wide powers to prohibit harassment, prohibit enlisting another person to engage in harassment, prohibit specified acts, seize weapons in the respondent’s possession, and impose any additional conditions reasonably necessary to protect the complainant or a related person.

What Counts as Harassment

Section 1 of the Act defines harassment as directly or indirectly engaging in conduct that the respondent knows or ought to know causes harm, or inspires the reasonable belief that harm may be caused, by unreasonably:

• following, watching, pursuing or accosting the complainant or a related person, or loitering outside of or near the building or place where the complainant or related person resides, works, carries on business, studies or happens to be;
• engaging in verbal, electronic or any other communication aimed at the complainant or a related person, by any means, whether or not conversation ensues; or
• sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant or related person or leaving them where they will be found.

Conduct that amounts to sexual harassment of the complainant or a related person is also caught by the definition.

Three practical points flow from this definition. First, the conduct does not have to be a criminal offence on its own — repeated unwanted contact, persistent following, unwelcome communication and similar patterns can qualify even where each individual act would be lawful. Second, a single serious incident (for example, a credible threat of violence) can also justify an application. Third, harm is defined broadly to include mental, psychological, physical or economic harm, so the test is not limited to physical danger. The court applies an objective standard: whether a reasonable person in the complainant’s position would regard the conduct as intolerable in the circumstances.

Where to Apply and on Which Form

Section 14 of the Act sets out the jurisdictional rule. Any Magistrate’s Court within the area in which the complainant permanently or temporarily resides, carries on business or is employed; the respondent permanently or temporarily resides, carries on business or is employed; or the cause of action arose, has jurisdiction to issue a protection order. No specific minimum period of residence is required. Once granted, a protection order is enforceable throughout the Republic under section 14(3).

The official application form is Form 2 (J059) — Application for Protection Order, published by the Department of Justice and Constitutional Development as part of the regulations under section 19 of the Act. Form 2 sets out the applicant’s details, the respondent’s details, the nature of the alleged harassment, and the relief sought. The form is available from the Department of Justice and Constitutional Development at justice.gov.za/forms/form_pha.html and from any Magistrate’s Court clerk’s office at no charge. No filing fee is charged for an application under the Act; section 19(1)(b)(i) also provides for the Minister to make regulations on financial assistance to a complainant who does not have the means to pay the fees of any service in terms of the Act.

Any child, or a person applying on behalf of a child, may apply to the court for a protection order without the assistance of a parent, guardian or any other person (section 2(4)).

The Step-by-Step Process

1. Complete Form 2 (J059) — set out the conduct complained of and the relief sought (for example, an order prohibiting contact or specific conduct).
2. File the application at the Magistrate’s Court clerk’s office in the correct district — there is no filing fee.
3. First hearing — the clerk submits the application to a magistrate, who must consider it as soon as is reasonably possible (section 3(1)). The first hearing often takes place on the same day or shortly after filing.
4. Interim protection order — if the magistrate is satisfied on the evidence that the respondent is engaging or has engaged in harassment, that harm is being or may be suffered, and that the protection is unlikely to be achieved if prior notice is given, an interim protection order must be issued (section 3(2)).
5. Service and return date — the interim order is served on the respondent by the clerk of the court, sheriff or peace officer, together with a copy of the application and a notice of a return date. The return date may not be less than 10 days after service (section 3(5)).
6. Hearing on the return date — if the respondent does not appear and proper service is proved, the court must issue the protection order if the application contains prima facie evidence of harassment (section 9(1)). If the respondent appears and opposes, the court hears evidence on a balance of probabilities (section 9(4)).
7. Final order, variation or discharge — the magistrate decides whether to make the order final, vary it, or discharge it. The court’s powers under section 10 set the prohibited conduct and any additional conditions.
8. Duration and variation — a protection order remains in force for five years or such further period as the court may determine on good cause shown, unless it is set aside (section 9(8)). Either party may apply to vary or set aside the order on notice (section 13).

What a Protection Order Can Require

Section 10 gives the court wide powers to frame an order to fit the circumstances. By means of a protection order, including an interim protection order, the court may prohibit the respondent from:

• engaging in or attempting to engage in harassment;
• enlisting the help of another person to engage in harassment; or
• committing any other act specified in the protection order.

The court may also impose any additional conditions reasonably necessary to protect the safety or well-being of the complainant or a related person (section 10(2)), and may order a member of the South African Police Service to seize any weapon in the possession or under the control of the respondent (section 10(3)(a)(i), with the detailed procedure set out in section 12) or to accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property (section 10(3)(a)(ii)). The physical, home and work address of the complainant or related person must be omitted from the protection order unless the nature of the terms requires otherwise (section 10(4)).

Whenever a court issues a protection order, including an interim protection order, it must also authorise the issue of a warrant for the arrest of the respondent, suspended subject to compliance with the order (section 11(1)). The warrant is held by the complainant and is activated if the order is breached.

What Happens If the Respondent Breaches the Order

Breaching a protection order is a criminal offence under section 18(1)(a) of the Protection from Harassment Act 17 of 2011. A person who contravenes any prohibition, condition, obligation or order imposed under section 10(1) or (2) is liable on conviction to a fine or imprisonment for a period not exceeding five years. The breach is tried in a Magistrate’s Court.

If the order is breached, the complainant may hand the warrant of arrest, together with an affidavit in the prescribed form stating that the respondent has contravened the order, to any member of the South African Police Service (section 11(4)(a)). Under section 11(4)(b), where a police member believes on reasonable grounds that the complainant or related person is suffering or may suffer imminent harm as a result of the breach, the member must immediately arrest the respondent for the offence in section 18(1)(a). Where the police member considers the grounds insufficient for an arrest, the member must instead hand the respondent a written notice to appear before court on a charge of committing that offence (section 11(4)(c)).

A breach should be reported to the South African Police Service on 10111 as soon as possible. The civil protection order and the criminal breach complaint are separate legal pathways — the protection order is the civil remedy, the breach is the criminal consequence, and both can run alongside one another.

Protection Order vs Restraining Order — When Each Applies

The terms “harassment protection order” and “restraining order” are often used interchangeably in everyday conversation, but they describe remedies under two different Acts. The table below sets out the practical differences:

Aspect	Protection Order (Protection from Harassment Act 17 of 2011)	Protection Order (Domestic Violence Act 116 of 1998)
Relationship to respondent	Any person — no domestic relationship required	Limited to a “domestic relationship” as defined in the DVA (married, separated, cohabiting, family, etc.)
Scope of conduct	Broad — any conduct the complainant finds intolerable that causes or may cause harm, including physical, psychological, economic or emotional harm, plus sexual harassment	Specifically defined domestic-violence-related conduct (physical abuse, sexual abuse, emotional, verbal and psychological abuse, economic abuse, intimidation, stalking, damage to property, etc.)
Court	Magistrate’s Court (jurisdiction under section 14 of the PHA)	Magistrate’s Court (with extended powers under the DVA)
Additional remedies	Prohibitions, conduct orders, additional conditions, seizure of weapons, accompanying the complainant to collect property	Includes a power to order the respondent to surrender a firearm, and a broader menu of domestic-violence-specific remedies
Best used when	Respondent is a stranger, neighbour, colleague, ex-partner outside the DVA’s domestic-relationship definition, or anyone else whose conduct the applicant finds intolerable	Respondent is a spouse, ex-spouse, partner, family member, or someone in a defined domestic relationship

Section 1(2) of the Protection from Harassment Act expressly preserves the DVA route: a person who could apply under the DVA is not prevented from applying under the PHA, and section 10(5)(a) prevents a court from refusing to issue a PHA protection order merely because other legal remedies are available.

When an Attorney’s Help Matters

A protection order application can be filed by an individual directly, without an attorney — the Act is designed to be accessible, and section 2(2) requires the clerk of the court to inform unrepresented applicants of the relief available and of the right to lay a parallel criminal complaint. The Magistrates’ Court rules also allow the application to be brought outside ordinary court hours where the court reasonably believes the complainant or a related person would otherwise suffer harm (section 2(5)).

An attorney’s involvement becomes worthwhile where:

• the facts are contested and the applicant needs help preparing the application and supporting affidavits;
• there is a pattern of behaviour that requires careful documentation (text messages, emails, voicemails, witness statements);
• the respondent has legal representation and is likely to oppose at the return date;
• the matter overlaps with a divorce, custody, maintenance, or domestic-violence proceeding, where the same conduct may engage more than one statutory framework; or
• the order has been breached and a criminal complaint under section 18(1)(a), or an application under section 11(4) to activate the warrant of arrest, is contemplated.

Burger Huyser Attorneys’ Family Law practice fields protection-order and domestic-violence work across Gauteng under its Head of Family Law Department, Director Anna-Mi Nel, and its wider team of admitted attorneys and candidate attorneys. The firm’s branch network covers the Magistrate’s Court districts most Gauteng applicants will use.

Frequently Asked Questions

Can I apply for a harassment protection order without a lawyer?

Yes. A protection order application under the Protection from Harassment Act 17 of 2011 is designed to be accessible without legal representation. You complete Form 2 (J059), file it at the Magistrate’s Court clerk’s office, and appear at the first hearing. An attorney’s involvement becomes worthwhile where the facts are contested, the matter overlaps with a divorce or custody dispute, the respondent has legal representation, or the order has been breached and criminal action is contemplated.

Is a harassment protection order the same as a restraining order?

No. They come from different Acts and cover different situations. A harassment protection order is sought under the Protection from Harassment Act 17 of 2011 against any person (no domestic relationship required) and is filed at the Magistrate’s Court, while a protection order under the Domestic Violence Act 116 of 1998 is sought against a person in a defined domestic relationship. The DVA route carries additional remedies, including a power to order surrender of a firearm.

How long does it take to get a protection order?

An interim protection order can be granted at the first court appearance, which often takes place on the same day or shortly after the application is filed. The interim order is then served on the respondent, with a return date at least 10 days later (section 3(5)) at which the order may be made final. Where the application is well-documented and service is prompt, the total time from filing to a final order is usually a matter of weeks rather than months.

What happens if the respondent breaches the protection order?

Breaching a protection order is a criminal offence under section 18(1)(a) of the Protection from Harassment Act 17 of 2011, carrying a fine or imprisonment for a period not exceeding five years. A breach should be reported to the South African Police Service on 10111. Under section 11(4)(b), a police member who believes on reasonable grounds that the complainant or related person is suffering or may suffer imminent harm must immediately arrest the respondent. The civil protection order and the criminal breach complaint are separate legal pathways that can run alongside one another.

Does a protection order cost anything to file?

No. There is no filing fee for a protection order application under the Protection from Harassment Act 17 of 2011. Form 2 (J059) is available free of charge from the Department of Justice and Constitutional Development at justice.gov.za and from any Magistrate’s Court clerk’s office. Section 19 of the Act also provides that financial assistance may be made available to a complainant who does not have the means to pay the fees of any service in terms of the Act.

Will the protection order appear on the respondent’s criminal record?

The protection order itself is a civil order and does not appear on a criminal record. A breach of the order, however, is a criminal offence under section 18(1)(a) of the Protection from Harassment Act 17 of 2011, and a conviction for breach would appear on the respondent’s criminal record.

Need help with a protection order? A protection order application can be filed without an attorney, but where the facts are contested, the respondent has legal representation, or the matter overlaps with a divorce, custody, or domestic-violence proceeding, an attorney’s involvement becomes worthwhile. Burger Huyser Attorneys’ Family Law team handles protection-order and domestic-violence work across Gauteng through the Linden (Randburg) head office at 49 First Avenue (011 888 0246), with branches in Roodepoort (011 668 0030), Bedfordview (011 201 7190), Centurion (012 644 4990), Pretoria (012 471 5700), Alberton (011 439 3990), and Midrand (010 022 4082). 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 practice. Initial consultations are booked through the branch most convenient to the applicant.