protection from harassment act Flashcards

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1
Q

what does the Protection from harassment act provide

A

it provides for civil remedies against harassment and is aimed at the protection of individual security privacy and dignity

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2
Q

what are the remedies provided

A

protection order against harassment which includes harassment via electronic means
if breach criminal chargers can flow in terms of section 18 (1)

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3
Q

what is the section 1 definition of harassment and sexual harassment

A

directly/indirectly engaging in conduct that the respondent knows or ought to know:
a. causing harm or inspiring reasonable belief that harm may be caused to the complainant
b. anything that amounts to sexual harassment of the complainant or any other person

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4
Q

what court is the order granted by and what does it entail

A

granted by the magistrate court
it prohibits the perpetrator from engaging in or attempting to engage in harassment or enlisting the help of another to do so.

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5
Q

is the procedure expensive and complicated

A

no
acc to s2/3
it is a simple and inexpensive procedure

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6
Q

what is the process in granting the interim and final order

A

if a prima facie case is made out, an interim protection order is issued
respondent has to show cause on the return date why a final order should not be issued
audi alteram parlem rule

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