PROTECTION FROM HARASSMENT ACT 17 OF 2011

1 PROTECTION FROM HARASSMENT ACT 17 OF 2011 GENERAL Act came into operation on 27 April 2013 ( National Freedom Day) Does not apply retrospectively Enforceable throughout the Country Similar procedure as per the DV Act Has not done away with Peace Orders Allows for side Applications for identity of Respondent ESP and SAPS Allows for cost order to be made irofrivolous applications Issue of confidentiality Very wide jurisdiction ( S14) Seizure of weapons Issue of bullying and cyber stalking can be addressed within this Act This Act does not prevent a person who may apply for relief against HARASSMENT or stalking itoDV Act from applying for relief itothis Act Witnesses can be subpoenaed -Failure to appear or provide evidence is an offence -DV ACT DOES NOT CONTAIN A SIMILAR PROVISIONDEFINITION OF HARASSMENT UNDER THE PROTECTION FROM HARASSMENT ACT HARASSMENT under the Act includes both direct and indirect conduct that either causes harm or that inspires the person

2 Complaining of HARASSMENT ( the complainant ) to reasonably believe that harm may be caused. Such conduct includes following, watching, pursuing or accosting of the complainant or someone in a close relationship with the complainant such as a spouse or family member. HARASSMENT also includes contact through verbal communication aimed at the complainant The Act also recognises electronic communication that causes harm or makes the complainant feel in danger of being harmed as HARASSMENT The Act mentions several forms of written communication as capable of being contact for the purposes of HARASSMENT , such as letters, packages and e-mails It also includes SEXUAL HARASSMENT , which means any unwelcome sexual attention from a person who knows or who reasonably knows that such attention is unwelcome.

3 -Such sexual attention includes unwelcome behaviour, suggestions, messages or remarks of a sexual nature that have the effect of offending, intimidating or humiliating the complainant or a person who has a close relationship with the CAN APPLY FOR A PROTECTION ORDER All persons who are the victims of harassing behaviour and whose rights are infringed upon by harassing conduct Anyone who believes they are being harassed by another person can apply for a PROTECTION order under the PROTECTION from HARASSMENT Act A child under the age of 18, or a person on behalf of a child, may apply for a PROTECTION order.

4 This can be done without the assistance of the child s parentsJURISDICTION Any court In areaWhere complainant / respondent -Permanently/temporarily reside-Carries on business -Employed Cause of action arose No minimum period of stay requiredWIDE JURISDICTIONPROCEDURE Complainant may apply for an order ( Form 2) itoSection 2 of PHA even if the facts presented allow for an order to be made itothe DV ActCLERK CANNOT REFUSE TO ACCEPT THE APPLICATION AND REFER COMPLAINANT TO THE DV COURT-COURT WILL HAVE TO MAKE A FINDING ON THIS ISSUE Another person can bring the application requires consent Child -can bring without parents assistance Application may be brought outside ordinary court hours and days Similar procedure like in DV Act Court can grant an Interim PROTECTION Order.

5 Notice to show cause or dismiss the ApplicationFORM 5 DIRECTION TO ECSP If Court is satisfied that an IPO should be issued ( HARASSMENT by electronic communications) and the identity and address of respondent is unknown adjourn proceedings and issue a Direction ( Form 5) directing the electronic communications service provider to provide the Court with this information within 5 days after service of the directionNEW NOT IN DV ACTPLEASE NOTE:ALL FORMS HERE ARE MARKED CONFIDENTIAL AND DO NOT BECOME PUBLIC DOCUMENTS ONCE PLACED IN THE COURT FILE.

6 THEY ARE NOT OPEN FOR PUBLIC PERUSAL ECSP can either:-* supply information within the 5 days* apply for an extension* apply for cancellation of DirectionAll this done via the COC personally or via fax ECSP MUST inform the respondent of the Direction 48 hours before providing information to Court reference number of Direction, name and address of CourtFORM 11 DIRECTION TO SAPS If name and address of respondent is unknown, Court may adjourn and issue a Direction ( Form 11) directing the station commander to investigate the matter Original direction to be served on station commanderTHIS IS ALSO A CONFIDENTIAL DOCUMENTNEW NOT IN DV ACT Station Commander can follow the same process as the ECSPNB.

7 -Please note the different forms used for SAPSFINAL PROTECTION ORDER COC must also IMMEDIATELY fax certified copies of the PO and the WOA to the Police Station of the complainant s choice When a PO or IPO is issued, the Court must make an Order authorizing the issue of a WOA ( Form 20) and suspend the execution of that Warrant subject to certain conditions being met Complainant may obtain further WOA using Form 21 -file an Affidavit stating what happened to other WOAVARYING OR SETTING ASIDE OF A PO The only Court that has jurisdiction to hear this application is the Court where the application was issued Court may order SAPS to seize any weapon -discretion lies with MagistrateDV ACT DEALS IN MORE DETAIL WITH THE SEIZURE OF WEAPONS -COURT MUST ORDER THE SEIZURE IF SATISFIED THAT THE RESPONDENT HAS THREATENED TO INJURE OR KILL

8 HIMSELF OR SOMEONE ELSE Can make Cost Order ( S 16) Matter can be taken on appeal and review ( S 17)OFFENCES (a) contravenes prohibition/condition/obligation/order or (b) in affidavit makes a false statement in a material respect= guilty of an offence Fine/imprisonment -not exceeding 5 years . Any person -reveals identity/address of any person or publishes any information = fine/imprisonment -not exceeding 2 years Subpoena fails to attend = fine/imprisonment -3 monthsECSP OR SAPS Fails to furnish info within time limits Makes false statement in affidavit in a material respect Fails to notify respondent within 48 hours of giving court info ECSP = Fine exceeding R10.

9 000 Employee = fine/prison not exceeding 6 months Any person requested to furnish his name and address etcto SAPS and fails to do so or furnishes a false/incorrect name etc= guilty of an offence Fine or imprisonment not exceeding 6 monthsDIFFERENCES BETWEEN DVA AND PHADVA Domestic or perceived relationship required Order is indefinite or until set aside SAPS role excluded Identity of respondent requiredPHA No relationship required Valid for five years only Role of SAPS clearly defined Identity of respondent not required No side applications for ECSP or SAPS to do investigations Allows for a referral to the Family Advocate if children are involved Allows for eviction Allows for emergency monetary relief Side applications for the identity or address of respondent to be obtained Does not mention the Family Advocate Does not allow for eviction Does not allow for emergency monetary relief Requires a pattern of behaviour of HARASSMENT and stalking Limited to domestic relationships No such provision Does not require a pattern of behaviour.

10 A single incident could suffice Includes HARASSMENT in the workplace and bullying CC, peace officer or Sheriff who will serve documents MUST be identifiedTHANK YOU