South Africans will no longer have to endure the pain and suffering of being harassed since the long-anticipated Protection from Harassment Act (Act 17 of 2011) came into operation yesterday, 27 April 2013.
The Protection from Harassment Act which was adopted by Parliament towards the end of 2011, gives effect to the recommendations of the South African Law Reform Commission by providing for an inexpensive civil remedy to protect a person from behavior which may not constitute a crime but which may impact negatively on various rights of an individual.
In principle, the Act aims to address harassing behavior by means of a court order, in terms of which the harasser is prohibited from continuing with the act of harassment. Any person who contravenes such an order is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.
Crucially, the Act seeks to afford protection to some of the most vulnerable in society who may be victims of harassment – it will, for example, benefit the poor and indigent who are not able to afford expensive legal remedies, children who are subject to bullying in schools (which is regarded as a form of harassment), individuals who are being harassed by cyber stalkers and those who are subjected to sexual harassment.
In terms of the Act, the court may order:
- electronic communication service providers to provide the court with the name and address of a person who harasses another person in cyber space; and
- the South African Police Service (SAPS) to investigate instances of harassment in order to ascertain the name and address of harasser whose particulars are not known by the complainant.
The SAPS may in certain circumstances also investigate a complaint of harassment made directly to the SAPS to ascertain the identity and address of the harasser.
If a person is being harassed, he or she may apply for a protection order against such conduct at a magistrate's court. The procedure for applying for a protection order is straight forward and inexpensive. Legal representation is not required. Any person, including a child, or a person on behalf of a child, may apply to a court for a protection order.
When a court grants a protection order, a warrant of arrest will automatically be issued for the harasser. The execution thereof will be suspended, pending any non-compliance with a condition of the protection order.
Enquiries:
Mthunzi Mhaga, Justice Spokesperson
Cell: 083 641 8141
