Protection From Harassment
Current society has rendered both the elder and younger generations with a feeling of helplessness, rejection and complete lack of faith in the justice system. One of the many reasons for this rests solely upon the abuse and lack of protection from harassment.
PROTECTION OF HARASSMENT ACT 17 OF 2011
The 27th of April 2013 is noted as the day in which the Protection of Harassment Act came into operation.
Harassment is no longer defined as mere stalking, watching, accosting or physical and verbal abuse. The technological advances in society have resulted in the law now extending protection to victims of harassment via means of electronic abuse, such as Twitter, Facebook and Mxit. Finally, there is help for those falling victims of cyberbullying.
PURPOSE OF THE ACT
The act has been designed with the purpose of providing an inexpensive means of protection to those who are vulnerable and have been subjected or rendered victims to harassment. It is done via a civil remedy, the procedure itself being prompt and in most cases uncomplicated.
IMPLEMENTATION OF THE ACT
A victim of harassment does not require extensive legal representation.
HARASSMENT THROUGH SOCIAL MEDIA
As mentioned above, harassment now encompasses engaging in electronic communications such as the consistent sending of inappropriate mails, text messages as well as any form of abuse via the internet, and social media sites. The Act caters for situations wherein the victim is unaware of the harasser's personal details or has been subjected to anonymous and offensive threats.
PROTECTION OF HARASSMENT ACT 17 OF 2011
The 27th of April 2013 is noted as the day in which the Protection of Harassment Act came into operation.
Harassment is no longer defined as mere stalking, watching, accosting or physical and verbal abuse. The technological advances in society have resulted in the law now extending protection to victims of harassment via means of electronic abuse, such as Twitter, Facebook and Mxit. Finally, there is help for those falling victims of cyberbullying.
PURPOSE OF THE ACT
The act has been designed with the purpose of providing an inexpensive means of protection to those who are vulnerable and have been subjected or rendered victims to harassment. It is done via a civil remedy, the procedure itself being prompt and in most cases uncomplicated.
IMPLEMENTATION OF THE ACT
A victim of harassment does not require extensive legal representation.
- The first step for any person being harassed is to apply for an interim protection order in terms of section 2 of the above Act.
- This order is sought for by a victim of harassment or any abuse in a Magistrates Court and provides immediate interim protection.
- It terms of section 2(6) of the Act, supporting affidavits may form part of the application by those who have witnessed the harassment or abuse.
- Section 14 of the act states that the order must be applied for where the applicant resides or works or alternatively where the harasser resides or works, the application may also be made in a court within the area in which the harassment took place.
- The order is then served on the harasser by a Sheriff or peace officer.
- The order once granted is of an interim nature thereby allowing the harasser a period of time in which to respond to the allegations. On the specified return date given, the court may make the protection order final.
- Section 11 (a) of the Act provides that a warrant of arrest must be issued at the same time the order is granted.
HARASSMENT THROUGH SOCIAL MEDIA
As mentioned above, harassment now encompasses engaging in electronic communications such as the consistent sending of inappropriate mails, text messages as well as any form of abuse via the internet, and social media sites. The Act caters for situations wherein the victim is unaware of the harasser's personal details or has been subjected to anonymous and offensive threats.
- There are three main sections of the Act which assist with the above scenario. Section 4(1) b), 5 (1)(b) and 6 (1) b) empower a Magistrates Court to direct an electronic communications service provider to reveal the full name, identity, address and details of the harasser.
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