Legal Q&A

Protection from Stalking and Harassment in South Africa

Being stalked or harassed in South Africa? The Protection from Harassment Act gives you the right to a protection order against any stalker — even online. Here's what to do.

Free South African Law

Direct Answer

The Protection from Harassment Act 17 of 2011 allows anyone being stalked, harassed, or cyberstalked to apply for a protection order at the nearest magistrates' court — even against a stranger. Interim protection can be granted the same day without the harasser knowing.

What the Law Says

Your Legal Foundation

Protection from Harassment Act 17 of 2011

Section 8

“A court may issue a protection order against a harasser, prohibiting contact including electronic contact, requiring the harasser to undergo counselling, and authorising search and seizure of electronic devices.”

Protection from Harassment Act 17 of 2011

Section 1

“"Harassment" includes conduct that causes mental, psychological, physical, or economic harm — including repeated unwanted communication, following, watching, or interference with property.”

What to Do

Step-by-Step Guide

1Preserve all evidence — screenshots of messages, photographs, email logs, witness names. Date every piece of evidence.
2Apply at the magistrates' court for a protection order under the Protection from Harassment Act. The clerk will assist with the application form.
3An interim order can be granted without the harasser being present. It includes a warrant of arrest for immediate use if breached.
4Report cyberstalking or cyberbullying to SAPS's Cybercrime Division or any police station under the Cybercrimes Act 19 of 2020.

What to Say

Exact Words to Use

“"I am applying for a protection order under the Protection from Harassment Act because [person] has been [describe conduct] and I fear for my safety."”

Tone: formal

Common Questions

Frequently Asked Questions

Can I get a protection order against online harassment in South Africa?

Yes. The Protection from Harassment Act explicitly covers cyberstalking and electronic harassment. The harasser's IP address can be subpoenaed.

What is the difference between a harassment order and a domestic violence protection order?

A domestic violence order (Domestic Violence Act) requires a domestic relationship. The Harassment Act applies to any person — including strangers, colleagues, or online harassers.

What happens if the harasser violates the protection order?

Breach of a protection order is a criminal offence. You can use the attached warrant of arrest, or call police who must arrest the person.

Get Help Now

Resources & Helplines

SAPS Cybercrime Centre

086 010 1111

Online harassment and cyberstalking

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