ANTI-HARASSMENT ORDERS

COPY OF AN ANTI-HARASSMENT ORDER

STEP BY STEP GUIDE TO APPLY FOR AN ANTI-HARASSMENT ORDER

1. Identify the Harassment

Before applying, determine if the conduct qualifies as harassment under the Act. Harassment includes:

Repeated unwanted communication (calls, texts, emails, etc.)
Watching or loitering near your home, workplace, or school
Cyberstalking
Unwelcome attention causing mental, emotional, or psychological harm
Sexual harassment
Threats, intimidation, or stalking

2. Go to Your Nearest Magistrate’s Court

Visit the Magistrate’s Court where you live, work, or where the harassment took place.

You can go without a lawyer (though legal advice can be helpful).

Some courts have a dedicated Domestic Violence and Harassment Office or Help Desk — ask for assistance there.

3. Complete Form 2 (Application for Protection Order)

Fill in Form 2: Available at the court or online from the Department of Justice’s website.

Provide as much detail as possible about the harassment:

- Dates, times, places
- What happened
- Any witnesses
- Screenshots, messages, letters, etc. (as evidence)

Bring copies of evidence (emails, WhatsApp messages, photos, etc.).

4. Swear an Affidavit

You’ll be asked to:

Swear or affirm that the information you’ve provided is true.

Sign the application in front of a Commissioner of Oaths (available at the court).

5. Magistrate Reviews the Application

The Magistrate can:

Issue an interim protection order immediately, or Set a return date for both parties to appear in court before a final decision is made.

6. Interim Protection Order (If Granted)

The interim order is not yet final, but provides immediate protection.

It will include a notice to the respondent (the harasser) to appear in court.

The police will serve this order on the respondent.

7. Court Hearing (Final Protection Order)

On the return date:

Both you and the respondent appear in court.
The magistrate hears both sides.
The respondent may oppose the order.

The magistrate can then make the order final, or dismiss the application.

If the respondent does not appear, the magistrate may make the interim order final.

8. If the Order is Breached

If the respondent breaks the conditions:

Go to the police immediately.

The respondent can be arrested and criminally charged.

Additional Notes:

You do not need to know the full identity or address of the harasser – the court can help obtain this via cellphone providers or others, if needed.
No court fees are charged to apply for a Protection Order.
You can also get support from Legal Aid South Africa or NGOs like People Opposing Woman Abuse (POWA).

ADDITIONAL DETAILS WHEN APPLYING FOR A ANTI-HARASSMENT ORDER

The Protection from Harassment Act covers as many types of sexual harassment as possible because “sexual harassment comes in many forms”.

“Suppose a woman was standing at a bus stop or taxi rank every day and was being pestered daily by a person, whom she didn’t even know, and who was making funny remarks,”

“The victim of this unwanted attention can then go to a Magistrate’s Court to see the Clerk of the Court to persuade him or her that there was a case of harassment.”

The clerk will assist the complainant to approach the Magistrate’s Court for an interim protection order, which will be given if the court is satisfied that there is enough substance in the complaint.

In cases where the victim does not know the address of the stalker, mobile phone service providers can be approached for these details, as well as ID numbers. The Acts states they have to supply this information to the courts.

"This is an order of a Court of Law which takes effect when granted. The complainant doesn’t have to wait for it to be served and the stalker [to] sign acknowledging receipt of the document before the order comes into operation,” Landers said.

“The order must be given to the person doing the stalking. The order must be served by the police, and the onus will be on the Clerk of the Court and not the complainant to see that it’s served on the person concerned.”

The person on whom the interim protection order has been served will be given time to respond as to why it should not be made permanent. The complainant will also get a certified copy of the interim protection order to present to the police in case the harassment continues.

It is not only victims who can appeal to the courts for help. Adults can ask the court for assistance in the case of minors whose parents fail to seek legal help. Further, people who have obtained an order against domestic violence may also apply for an interim protection order, Landers said.

Source: South African Government News Agency.

Please note the difference between a Protection order and an Anti-harassment or is:

With a protection order you are either related or are having an intimate relationship, in other words the abuser is known to the victim.

With the anti-harassment order, the abuser is not known to the victim, and not related in anyway.

The contents in this manual have been copyrighted and may not be reproduced, copied, and / or distributed without the prior written consent of the writer.

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