The Presidency
President Zuma has assented to the Protection from Harassment Act.
The bill was tabled in Parliament in February 2010.
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.
Protection orders will apply throughout the country.
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 justice department intends bringing the Domestic Violence Act in line with the provisions of the act.
The act will come into effect on a date still to be proclaimed by the president.
Sabinet Cape Town Office
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