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.
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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.
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“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
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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.
Knowing the law is step one. The Advocate trains you to use it — with 149 real South African scenarios, exact rebuttals, law references, and Scripture. Free to start.