Protection from Harassment Act, 2010 (Act No. 17 of 2010)

1. Definitions and Application of Act

Purchase

1)	In this Act, unless the context indicates otherwise-

"child"

means a person under the age of 18 years;

"clerk of the court"

means a clerk of the court appointed in terms of section 13 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and includes an assistant clerk of the court so appointed;

"complainant"

means any person who alleges that he or she is being subjected to harassment;

"court"

means any magistrate’s court for a district referred to in the Magistrate’s Courts Act, 1944 (Act No 32 of 1944);

"electronic communications identity number"

means a technical identification label which represents the origin or destination of electronic communications traffic, as a rule clearly identified by a logical or virtual identity number or address assigned to a customer of an electronic communications service provider (such as a telephone number, cellular phone number, e-mail address with or without a corresponding IP address, web address with or without a corresponding IP address or other subscriber number);

"electronic communications service provider"

means an entity or a person who is licensed or exempted from being licensed in terms of Chapter 3 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), to provide an electronic communications service;

"harassment"

means directly or indirectly engaging in conduct that the respondent knows or ought to know-

a)	causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person by unreasonably-

i)	following, watching, pursuing or accosting of the complainant or a related person, or loitering outside of or near the building or place where the complainant or related person resides, works, carries on business, studies or happens to be;

ii)	engaging in verbal, electronic or any other communication aimed at the complainant or a related person, by any means, whether or not conversation ensues; or

iii)	sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant or a related person or leaving them where they will be found by, given to, or brought to the attention of, the complainant or a related person;

b)	amounts to sexual harassment of the complainant or a related person;

"harm"

means any mental, psychological, physical or economic harm;

"member of the South African Police Service"

means any member as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"Minister"

means the Cabinet member responsible for the administration of justice;

"peace officer"

means a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

"prescribed"

means prescribed in terms of a regulation made under section 19;

"related person"

means any member of the family or household of a complainant, or any other person in a close relationship to the complainant;

"respondent"

means-

a)	any person against whom proceedings are instituted in terms of this Act; and

b)	for the purposes of section 4, 5 and 6, any person who is reasonably suspected of engaging in or who has engaged in harassment of the complainant or a related person;

"sexual harassment"

means any-

a)	unwelcome sexual attention from a person who knows or ought reasonably to know that such attention is unwelcome;

unwelcome explicit or implicit behaviour, suggestions, messages or remarks of a sexual nature that have the effect of offending, intimidating or humiliating the complainant or a related person in circumstances, which a reasonable person having regard to all the circumstances would have anticipated that the complainant or related person would be offended, humiliated or intimidated;

c)	implied or expressed promise of reward for complying with a sexually- oriented request; or

d)	implied or expressed threat of reprisal or actual reprisal for refusal to comply with a sexually oriented request;

"sheriff"

means a person appointed as a sheriff in terms of the Sheriffs Act, 1986 (Act No. 90 of 1986);

"this Act"

includes the regulations; and

"weapon"

a)	any firearm or any handgun or airgun or ammunition as defined in section 1(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000); and

b)	any object, other than that which is referred to in paragraph (a), which is likely to cause serious bodily injury if it were used to commit an assault.

2)	This Act does not prevent a person who may apply for relief against harassment or stalking in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), from applying for relief in terms of this Act.