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Protection Order Against Harassment in KwaZulu-Natal

If someone is harassing, stalking, or threatening you in KwaZulu-Natal, you can apply for a protection order at no cost at your nearest Magistrates' Court under the Protection from Harassment Act. The order can be granted on the same day in urgent cases.

The Law That Protects You

Protection from Harassment Act 17 of 2011 — Section 2
A complainant may apply to a court for a protection order against harassment, which includes repeated unwanted contact, communication, or conduct that causes fear, distress, or harm.
Protection from Harassment Act 17 of 2011 — Section 11
Breach of a protection order is a criminal offence punishable by a fine or up to 5 years' imprisonment.

What To Do — Step by Step

  1. Step 1. Go to the Magistrates' Court in KwaZulu-Natal nearest to where you live, work, or where the harassment occurs. The clerk will assist you with forms at no cost.

  2. Step 2. Complete a Form 2 application. Provide a detailed statement of every incident of harassment — dates, times, what was said/done, witnesses.

  3. Step 3. The clerk will place the matter before a magistrate who can grant an interim protection order on the same day if there is evidence of harassment.

  4. Step 4. The interim order is served on the respondent (harasser) by the sheriff or SAPS.

  5. Step 5. A return date (usually 10–14 days later) is set for the respondent to oppose the order. If they do not appear, a final order is granted.

  6. Step 6. Keep a copy of the order with you at all times. If the order is breached, call SAPS immediately — arrest is possible on the spot.

Frequently Asked Questions

Does the Protection from Harassment Act cover cyberbullying in KwaZulu-Natal?
Yes. The Act explicitly covers electronic communication (WhatsApp, email, social media, SMS). You can also apply for an order directing the court to compel a service provider to reveal the identity of an anonymous harasser.
What if I cannot identify my harasser online in KwaZulu-Natal?
The Act allows you to apply for an order compelling the electronic communications service provider (Facebook, WhatsApp, your mobile provider) to disclose the identity of the account holder. The magistrate can direct this before a full order is granted.
Is a protection order the same as a restraining order in KwaZulu-Natal?
"Restraining order" is not a formal South African legal term — what is commonly meant is either a protection order (harassment/domestic violence) or an interdict (a High Court or Magistrates' Court order in other civil matters). The Protection from Harassment Act issues protection orders.

Legal Resources in KwaZulu-Natal

📋 CCMA: Durban CCMA (031 310 0300)

⚖️ Legal Aid SA: Legal Aid South Africa — Durban (031 330 2100)

🏛️ High Court: KwaZulu-Natal Division of the High Court — Durban (031 372 3000) and Pietermaritzburg (033 345 8211)

🏢 Magistrates' Courts: Durban, Pietermaritzburg, Newcastle, Richards Bay, and other magistrates' courts

🏠 Rental Housing Tribunal: KZN Rental Housing Tribunal (033 395 2090)

KwaZulu-Natal has a high prevalence of customary marriage disputes, ESTA evictions in rural areas, and industrial labour disputes in the port and manufacturing sectors.