INTERDICT / PROTECTION ORDER IN TERMS OF THE HARASSMENT ACT
By Shelton Mahandana
Harassment means directly or indirectly or indirectly engaging in conduct that the respondent knows or ought to know, cause harm or reasonable belief that harm may be caused to the complainant or a related person by unreasonably engaging in various acts [See section 1of the Protection from Harassment Act 17 of 2011 (“the Act”)].
Harassment can take the following forms:
- Watching, pursuing, or accosting of the complainant or a related person, or loitering outside of or near the building, place where the complainant or a related person resides, works carries business.
- Engaging in verbal, electronic or any means, whether conversion ensures.
- Delivering letters, telegrams, packages, electronic mail or other objects to the complainant.
Where and how can a person apply for a protection order?
- A complainant can apply for a protection order in terms of the Act with the clerk of the court in the area where the complainant or respondent resides, works or where the harassment took place.
- The clerk will help the complainant to complete the application for a protection order, together with written affidavit, which will be given to the court for consideration.
- A complainant can also lay a criminal charge against the respondent at the Police Station in the event of an assault.
What does the court process entail?
- The court must as soon as reasonably possible consider an application submitted to it in terms of section 2(7) and may for that purpose consider any additional evidence it deemed fit.
- The court may issue an interim protection order against the respondent.
- Upon the issuing of the interim protection order the court will direct that the interim protection order be served on the respondent.
- If the court does not issue an interim protection order in terms of subsection (2) the court will direct that the certified copies of the application concerned, and any supporting affidavits be served on the respondent, for a return date, on which the respondent has to show cause.
