Department of Justice and Constitutional Development
The justice and constitutional development department has published an invitation on its website calling for comment on the protection from harassment regulations.
The Protection from Harassment Act was signed into law by president Zuma in December 2011.
Written comment on the regulations is invited until 29 February 2012.
The essence of the Act is to provide a quick, easy and affordable civil remedy in the form of a protection order for incidences of stalking.
It expands on the harm caused to include not only physical harm but also mental, psychological and economic harm.
The legislation arose out of a South African Law Reform Commission investigation into the legal framework governing stalking and domestic violence.
The commission recommended that the law on stalking had to be tightened up.
A key component of the act is that it seeks to cover all forms of stalking, not just that involving people engaged in a relationship.
A protection order can now be issued instructing the harasser to cease harassment. If the harasser contravenes this order, he or she will be guilty of an offence.
The act sets out how a complainant is to apply for a protection order and the procedure to be followed in granting one.
The legislation also provides for the issuing of an interim protection order without the knowledge of the respondent, given certain conditions.
A warrant of arrest will also be issued for the harasser when an interim or final protection order is granted. This warrant will only be enforced if the respondent does not comply with a condition of the order.
A victim of cyber stalking can apply to a court for an interim protection order even when the identity of the alleged stalker is unknown.
The law will also empower the police to investigate a stalker in order to identify the perpetrator even before a victim launches an application for a protection order.
The act is to come into effect on a date determined by the president.
The regulations set down how the clerk of the court must inform the complainant or person not represented by a legal representative.
They also consist of forms to be used in the administration of the legislation.
The forms include:
• Information notice to complainant or person who applies for a protection order on behalf of a complainant
• Application for protection order
• Particulars of respondent
• Interim protection order
• Notice to respondent to show cause
• Direction to electronic communications service provider to furnish information to court
• Affidavit to furnish information to court
• Request for additional information
• Decision of court
• Notice to appear before court
Sabinet Cape Town Office
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