protection from harassment act Flashcards
what does the Protection from harassment act provide
it provides for civil remedies against harassment and is aimed at the protection of individual security privacy and dignity
what are the remedies provided
protection order against harassment which includes harassment via electronic means
if breach criminal chargers can flow in terms of section 18 (1)
what is the section 1 definition of harassment and sexual harassment
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
what court is the order granted by and what does it entail
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.
is the procedure expensive and complicated
no
acc to s2/3
it is a simple and inexpensive procedure
what is the process in granting the interim and final order
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