Following, watching, loitering
Repeatedly following you, watching you, or hanging about near your home, workplace, school or the places you routinely go.
Protection from Harassment Act
Harassment protection orders
This is generally the correct route for harassment, stalking or repeated unwanted conduct where the parties are not in a domestic relationship.
When this route applies
Harassment outside a domestic relationship
Typical matters involve neighbours, colleagues, classmates, former friends, strangers or people encountered online.
Unwanted contact
Repeated calls, messages, emails, letters, DMs, comments or contact through other people, after you have made it clear it is unwelcome, or where it is obviously unwelcome.
Cyber harassment
False profiles, disposable numbers, tagging, publication of personal details, unsolicited group additions, tracking, and the sharing of your images or information without consent. Online conduct is expressly covered by the Act.
Sending or leaving things
Delivering, sending or leaving letters, packages, objects or messages for you to find, including gifts, where the point is to unsettle you.
Sexual harassment
Unwelcome sexual attention, sexual advances, suggestions or messages, or conduct implying sexual consequences, including in a workplace or a place of study.
Harassment of people close to you
Conduct aimed at your child, your family member or someone in a close relationship with you in order to reach or pressure you.
The legal test
Harm is the determining requirement
Under the Protection from Harassment Act the court requires proof of harm, or of a reasonable belief that harm may follow. Harm is defined broadly to include mental, psychological, physical and economic harm. A complaint that conduct is merely irritating will ordinarily fail, whereas a documented pattern with a demonstrable effect on health, employment or safety will ordinarily succeed. Most refused applications fail on this requirement, and most such failures are avoidable.
Anonymous harassment
Where the harasser cannot be identified
This is among the Act's least used provisions. Where a harasser is anonymous, the court may issue a direction compelling an electronic communications service provider (a mobile network, internet service provider or platform) to furnish the information it holds identifying that person, and may direct the police to investigate. The order is served once the respondent has been identified. Anonymous online harassment is therefore not without remedy.
Need to apply?
Use the application guide for the prescribed process and next steps.
Application processThere is a domestic relationship?
The Domestic Violence Act may instead be the appropriate statutory route.
Domestic violence protection ordersSpeak to us
Tell us what has happened and what stage the matter has reached.
We assist applicants and respondents with drafting, urgent applications, return dates, opposition and enforcement across greater Durban.