Protection orders for harassment

Harassment can come from anyone: a neighbour, a colleague, a stranger, a former friend or an account you have never seen before. It can wear you down, make you afraid in your own home and affect your work and health.

The Protection from Harassment Act 17 of 2011 lets you ask a court to order the person to stop. You don't need to be in a relationship with them, and you don't need a lawyer to apply. The Act protects men and women equally.

Which law fits your situation

South Africa has two main laws for protection orders:

• The Protection from Harassment Act is mainly used when you are not in a domestic relationship with the person. That includes neighbours, colleagues, acquaintances, strangers and people online.
• The Domestic Violence Act 116 of 1998 is usually the better fit if the person is your partner, ex-partner, the other parent of your child, a family member or someone you live with. Read Applying for a protection order.

If you are not sure which applies, ask the clerk at the Magistrate's Court. They can point you in the right direction.

What counts as harassment

Under the Act, harassment is conduct that causes you harm, or makes you reasonably believe you may be harmed. Harm can be mental, psychological, physical or economic. Harassment can include:

• following you, watching you, or waiting outside your home or workplace;
• contacting you over and over by phone, message, email or social media, even if you never reply;
• sending you letters, packages or other things you don't want;
• posting about you or messaging you online in a way that frightens or harms you;
• sexual harassment, such as unwelcome sexual comments, advances or contact.

The harassment can also be aimed at people close to you, such as your family. Read Reporting online harassment and cybercrime if most of it happens online.

Before you apply: build your record

A clear record makes your application much stronger. Start keeping one as soon as you can.

• Write down each incident: the date, time, place, what happened and who saw it.
• Take screenshots of messages and posts, showing the username, date and time.
• Keep letters, notes, voice notes, photos and anything else you received.
• Note how the harassment has affected you, such as missing work, changing your routine or struggling to sleep.
• Write down the names and contact details of witnesses.

If you have opened a police case about the harassment, bring your CAS number. You don't have to open a case to apply for an order, but you can do both.

How to apply

1. Go to the Magistrate's Court. Ask at the counter for the clerk who deals with harassment applications. If the other person lives far away, ask which court you should use.
2. Complete the application. The clerk will give you the forms. Explain what happened in your own words, with dates and details. Your application is made under oath, so only include what is true.
3. Attach your evidence. Add copies of messages, photos, your log and any statements from witnesses.
4. Read everything before you sign. Ask for corrections if anything is wrong or missing.
5. See the magistrate. The magistrate will consider your application and may ask you questions.

If the magistrate is satisfied that there is evidence of harassment and that you may suffer harm if they wait, they can grant an interim protection order. This can be done without the other person being present. The order is then served on them, and it gives a return date.

On the return date, both of you can come to court and the other person can give their side. The magistrate then decides whether to make the order final. Go to court on the return date and bring your evidence, or your interim order may fall away. A final order lasts for several years, and the court can set a longer period. Check your order to see how long yours lasts.

If you don't know who is harassing you

Anonymous accounts and unknown numbers are common. You can still apply. If you don't know who the person is, the court can direct the police to investigate, or direct the service provider behind the phone number or account to give the court the person's details. This can take time, so keep collecting evidence while you wait.

If the order is broken

When the court grants a protection order, it also issues a warrant of arrest. The warrant is suspended, which means it is only used if the person breaches the order.

If they breach it, go to the police with your copy of the order and the warrant, and make a statement about what happened. The police can then arrest them. Breaking a protection order is a crime.

Making false statements in an application is also a crime. If someone has applied for an order against you, read When a protection order is taken out against you. If the harassment is at work, read Harassment and bullying at work as well.

Getting support

Living with harassment is exhausting. Talking to someone can help you cope while you deal with it.

• In an emergency: SAPS on 10111, or 112 from a cell phone.
• GBV Command Centre: 0800 428 428, for all genders, 24 hours a day.
• Legal Aid South Africa Advice Line: 0800 110 110.
• Lifeline South Africa: 0861 322 322, 24 hours a day.
• SADAG Suicide Crisis Helpline: 0800 567 567, 24 hours a day.

You can report what happened anonymously at /report and tick that you would like support, or contact our support team at /contact?topic=support. More helplines are listed at /resources.