Imagine someone repeatedly following you, contacting you, watching you, sending unwanted messages or behaving in a way that makes you fear that you or someone close to you could be harmed.
What can you do?
In South Africa, the Protection from Harassment Act 17 of 2011 provides a legal remedy for people who are being harassed. The Act came into operation on 27 April 2013 and allows a person to apply for a protection order against harassment.
And importantly, you do not have to be married to, dating or living with the person who is harassing you.
What does the Protection from Harassment Act cover?
The Act is designed to protect people from harassment in both domestic and non-domestic relationships. That means the person involved could be an ex-partner, neighbour, colleague, acquaintance or even someone you do not know personally.
Harassment can take different forms.
Depending on the circumstances, it can include conduct such as:
- Following, watching, pursuing or accosting someone.
- Loitering outside or near a person’s home, workplace, business, school or another place where they happen to be.
- Repeated unwanted communication, including electronic communication.
- Sending or delivering letters, messages, packages or other material in circumstances covered by the Act.
- Conduct that amounts to sexual harassment.
- Certain forms of cyber-stalking or harassment using electronic or digital technology.
The Act defines “harm” broadly to include mental, psychological, physical or economic harm.
But not every disagreement is harassment
This is important.
Having an argument with your neighbour, disagreeing with an ex-partner about your children, having a dispute over money or being involved in another legal disagreement does not automatically mean that harassment has occurred.
The conduct must fall within the legal definition of harassment.
South African courts have stressed that the circumstances and context matter. In Horner v Baranov, the High Court explained that conduct should not simply be labelled harassment because it is unpleasant or unreasonable. The conduct must meet the legal requirements and, depending on the circumstances, must be sufficiently serious to constitute harassment.
A 2026 High Court judgment likewise referred to the requirement for a persistent or at least consistent sequence of events in the circumstances before the court.
That does not mean that every case requires a long series of separate incidents. The circumstances and nature of the conduct must be considered when deciding whether the legal requirements have been met.
What can you do if you are being harassed?
You can approach the appropriate Magistrate’s Court to apply for a protection order under the Act.
The Department of Justice provides an application process and forms for this purpose. You do not necessarily need an attorney to make an application, and assistance is available through the court process.
In appropriate circumstances, the court can issue an interim protection order while the matter proceeds. The purpose of a protection order is to prevent further harassment and can include prohibiting the respondent from contacting or otherwise harassing the complainant.
What if the person ignores the protection order?
A protection order is not simply a warning.
If a person contravenes a protection order, that contravention is an offence under the Act. The Department of Justice states that a person convicted of contravening a protection order may face a fine or imprisonment of up to five years.
In an emergency, you can also approach the South African Police Service (SAPS) for assistance.
The Protection from Harassment Act does not require you to lay a criminal charge before applying for a protection order. Depending on what has happened, however, the conduct may also amount to a separate criminal offence.
What about online harassment?
The law is not limited to someone physically following you down the street.
The Act specifically accommodates harassment involving electronic communications and digital technology. This can be particularly important where someone is being repeatedly targeted through electronic messages or other forms of online communication.
In certain circumstances, the court can also make orders aimed at identifying an anonymous person who is allegedly harassing someone electronically.
The bottom line
The Protection from Harassment Act gives people in South Africa an important legal avenue when they are subjected to conduct that meets the definition of harassment.
You do not have to be married to or dating the person involved.
But the Act is not a general solution for every personal disagreement or dispute. Whether conduct amounts to harassment depends on the facts, the nature of the conduct and the requirements of the Act.
If you believe you are being harassed, keep records of what is happening. Save messages, emails, screenshots and other relevant evidence, and make a note of dates, times and incidents.
If you are in immediate danger, contact the police or emergency services.
If the situation does not amount to harassment under this Act, another legal remedy may be more appropriate. Getting the right legal advice can help you determine which option applies to your circumstances.
Knowing your rights is the first step. If you are dealing with harassment, don’t simply assume you have to put up with it.
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