Beware the stalker in the shadows

It has taken on an artificial meaning, with harassment of another person as its form.

In April 2013, the Protection from Harassment Act came into effect in South Africa.

The essence of the Act is to provide a quick, easy and affordable remedy in the form of a protection order for incidences of stalking.

It expands on the harm caused to include not only physical harm but also mental, psychological and economic harm.

If you are a victim of harassment, you may approach the magistrates’ courts in terms of this Act to obtain a protection order against any person who is harassing you.

Dino Montepara, director at Malherbe, Rigg and Ranwell Attorneys, says that stalking is defined as a series of repeated activities or gestures which, if considered individually, would be legal, such as sending flowers, telephonic conversations or waiting for somebody outside their place of work.

“However, these legal actions become the source of criminal activity when they are convoyed by the intention to instil fear or a threat of some kind towards the person to whom these gestures are made,” he says.

He adds that a protection order may be sought by the victim themselves, by a parent or guardian, or by any other interested party, accompanied by an affidavit.

“In order for a protection order to be successfully obtained, the court must be satisfied that the respondent is, in fact, engaging in activity which amounts to harassment, that the complainant will be harmed should an order not be put in place, and that, should the respondent be notified of the order prior to it being granted, such order will be of no use.”

Montepara says that the consideration of these factors results in what is called an interim protection order and it affords the respondent the opportunity to appear in court on a specified date, to show cause as to thy the order should not be made final.

“The court has several powers with regards to a protection order such as ordering that the respondent is prohibited from engaging in or attempting to engage in harassment, enlisting the help of another person to engage in harassment or committing any other act as specified in the protection order.

“The court in this instance is entitled to impose additional conditions on the respondent which the court deems necessary to ensure the safety of the applicant.”

He says that the court may, for example, order that the respondent’s firearm be removed from their possession.

What is harassment?

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

*Causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person by unreasonably:

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

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

* 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, given to or brought to the attention of the complainant or a related person;

* subjecting the complainant or a related person to what amounts to sexual harassment.