Harrassment

Question 1

Act regulating it

Answer 1

Harassment Act 17 of 2011

Question 2

what does reference to harm in this instance include?

Answer 2

mental, psychological, physical, and economic harm

Question 3

Defintion of harrasment

Answer 3

Includes both direct and indirect conduct where the respondent knows
or ought to know that their actions:
a) Cause harm, or
b) Inspire a reasonable belief that harm may be caused to the complainant or a related person.

Question 4

what does harrassing conduct include?

Answer 4

1) Unreasonably following, watching, pursuing, accosting or loitering near: - Home, workplace, school, or any place the complainant frequents.
2) Verbal, electronic, or other communication, regardless of whether there is a
response, eg. repeated calls, texts, emails, social media messages.
3) Sending / delivering objects like letters, packages, or electronic messages
that are meant to threaten, irritate or frighten.
4) Sexual harassment.

Question 5

what does sexual harrassment include?

Answer 5

 Includes any unwelcome sexual attention where the person:
a) Knows or ought to know it is unwelcome.
b) Engages in explicit or implicit behaviour, suggestions, messages, or
remarks of a sexual nature that:
 Offend, intimidate, or humiliate the complainant or a related person.
 A reasonable person would anticipate this reaction.

Question 6

What does sexual hararssment also include?

Answer 6

a) Promises of rewards for sexual compliance.
b) Threats or reprisals for refusal.

Question 7

Remedies for harrassment

Answer 7

1. Protection order
   2.Criminal charges

Question 8

Application for protection order

Answer 8

 The complainant may apply to the court.
 A third party with a material interest may also apply on their behalf with written
permission.

Question 9

What does application include?

Answer 9

a) A formal application form.
b) A founding affidavit and possibly supporting affidavits.

Question 10

Interim protection order

Answer 10

 The court may issue interim protection order before a full hearing.
 It includes:
a) A return date for when the respondent must appear in court.
b) An order that it be served on the respondent.

Question 11

WHAT IF THE RESPONDENT’S DETAILS ARE UNKNOWN?

Answer 11

 Court may order a service provider, eg. cellphone company to provide the
respondent’s name and address if unknown.
 Court may postpone proceedings to investigate the identity / location of the
respondent.

Question 12

FINAL PROTECTION ORDER:

Answer 12

 If respondent does not appear on the return date, the interim order can
become final.
 The final order can prohibit the respondent from engaging in any further
harassment.

Question 13

WARRANT OF ARREST:

Answer 13

 With every protection order, the court also issues a warrant of arrest.
 This warrant is suspended, and only becomes executable if the respondent
breaches the protection order.

Question 14

What kind of criminal charges may the complainant lay in addition to the protection order?

Answer 14

a) Crimen iniuria
b)Assault
c)Trespassing
d)Extortion, etc.