The End to Peeping Toms
Since 5 December 2011, the Protection from Harassment Act, 2011 (“the Act”) has been tested throughout South African Magisterial Courts within the civil context. Apart from some fine-tuned housekeeping by these Courts, the orders emanating from this Act have some far-reaching consequences. Regardless, it has seen to the end of the archaic Peace Orders which, in practice, served very little (if any) purpose in the way of protecting victims of harassment, civil abuse, and intimidation. How does one know if conduct to which he/she is being subjected would fall under the protection offered by the Act? Essentially, the Act authorises the Courts to conduct two enquiries into each application: is there harassment , and if the answer to this question is in the affirmative, does the harassment cause harm ? As it is with all spheres of law, the answers to these questions are far from simple. Section 1 of the Act defines both “Harassment” and “harm”. Harassment has been attributed ...
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