Applying for a protection order - what you need to know

During the webinar on Protecting schools and learners in a digital age: Tackling cyberbullying and understanding your legal responsibilities, Cliffe Dekker Hofmeyr (CDH) chairperson and director of dispute resolution, Tim Fletcher explained how any victim of harassment can go about applying for legal protection against an aggressor or bully.

By Shan Radcliffe

26 May 2025

Image source: cottonbro studio from Pexels

Protection from Harassment Act

"The purpose of [the Protection from Harassment Act] is to provide a very easy way for somebody to get help," Fletcher pointed out.

He said that victims - whether legally represented or not - would need only to approach their local Magistrate's Court, where a clerk of the court will assist them with their request for a protection order.

The complainant would then present their case to the court, supported with evidence of the harassment taking place.

Should the court find the evidence sufficient, the protection order would be issued, and perpetrator/respondent would be served with an interim order, which becomes effective on receipt. The interim order will also indicate a return date - the date on which the respondent is to appear in court to defend their case.

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If the respondent then fails to convince the court that there is no harassment taking place, or does not appear in court as instructed, the order will be made final and an arrest warrant will be issued for the perpetrator.

"That warrant of arrest will then be suspended on condition that the perpetrator behaves themselves," Fletcher explained.

"It's a fairly draconian remedy, but it's easily obtainable in circumstances where there is harassment."

Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda)

Pepuda also prohibits unfair discrimination on a number of grounds, including:

race, gender, sex, pregnancy marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and HIV/Aids status; or

any other ground where discrimination based on that other ground — and causes or perpetuates systemic disadvantage; undermines human dignity; or adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground in paragraph (a).

Should the victim (applicant) prove they were discriminated against, the respondent then has to prove that the discrimination was not unfair.

If the Equality Court rules in favour of the applicant, it can then issue a variety of orders including interdicts, orders for apologies or damages to be paid either to the victim themselves, or even to a charitable organisation that works to protect those people being discriminated against.