Protection from Harassment Act protects your right to dignity
The act that protects victims of stalking, bullying and harassment.
MBOMBELA – Harassing behaviour may be addressed by means of a court order in terms of the Protection from Harassment Act.
No legal representation is needed to obtain this court order.
The Protection from Harassment Act offers victims of harassment the opportunity to approach any magistrate’s court for a protection order against such harassment.
The Department of Justice and Constitutional Development introduced the act in answer to the regular occurance of various forms of harassment in society. Stalking and bullying – both forms of harassment – have been taking their toll on our citizens and impairing the dignity of thousands of innocent victims.
In the preamble of the act, reference is made to the constitutional rights of every South African to equality, privacy, dignity, freedom and personal security. The Protection from Harassment Act entrenches these rights and aims to provide a safe environment free from all forms of violence, with specific focus placed on the interests of children.
Harassment is defined as “any unreasonable conduct which the perpetrator knows or ought to know will cause harm or inspire the reasonable belief that harm may be caused to a complainant or a related person. The harm caused is not limited to physical harm but is defined to include any mental, psychological or even economic harm.”
The act also provides for the granting of protection orders against perpetrators who harass victims online and the South African Police Service may be directed to investigate harassment incidents in terms of the act.
Legal representation is not a prerequisite for bringing this application and children may apply to the court for this order as well.
Where an order has been granted by the court, any conduct that contravenes this order may incur the harasser a fine or imprisonment of up to five years.
