Harassment does not have to involve violence to be frightening. Repeated messages, someone waiting outside your home, a neighbour who keeps up a campaign of abuse, or an anonymous account that will not leave you alone can all make daily life feel unsafe.
The Protection from Harassment Act 17 of 2011 gives anyone who is being harassed a practical remedy: a protection order from the Magistrates’ Court. You do not need to be in a relationship with the harasser, and you do not need to be able to identify them at first. Breaching an order is a criminal offence.
This article explains what the Act covers, how to apply, what the court can order and what happens if the order is breached.
When the Act applies
If the harasser is a spouse, partner, family member or someone you share a home with, the Domestic Violence Act 116 of 1998 is usually the right route. The Protection from Harassment Act fills the gap for everyone else, including neighbours, colleagues, former friends, strangers and people you only know online.
What counts as harassment
The Act defines harassment as directly or indirectly engaging in conduct that the person knows, or ought to know, causes harm or inspires a reasonable belief that harm may be caused to you or someone related to you. Examples given in the Act include:
- unreasonably following, watching, pursuing or accosting you, or loitering outside your home, workplace or school;
- engaging in verbal, electronic or other communication aimed at you, whether or not a conversation follows;
- sending, delivering or leaving letters, packages, emails or other objects for you; and
- sexual harassment, including unwelcome sexual attention, remarks or gestures that are intimidating or humiliating, and threats of reprisal.
“Harm” means mental, psychological, physical or economic harm. The question is not whether the conduct was merely irritating, but whether it caused harm or a reasonable fear of harm. A pattern of conduct, its frequency and any threats made will all be relevant.
Online harassment is covered. Abusive messages, repeated contact on social media and posts aimed at a person can all qualify. If the harassment also involves threatening or harmful data messages, the Cybercrimes Act 19 of 2020 may provide additional criminal remedies.
How to apply for a protection order
Applications are made at the Magistrates’ Court, using the prescribed forms. You can apply yourself, or someone with a material interest in your wellbeing can apply on your behalf with your written consent. A child can apply without the help of a parent or guardian. Where there is a risk of immediate harm, an application can be brought outside ordinary court hours.
Your affidavit should set out what has happened, when and where, and how it has affected you. Attach supporting evidence, such as screenshots, call logs, photographs, video footage, witness statements and any police case numbers.
Interim and final orders
The court can grant an interim protection order without first notifying the respondent, if it is satisfied that there is prima facie evidence of harassment, that harm is likely if it does not act immediately, and that giving notice would defeat the purpose of the order. The interim order is served on the respondent, who is called to court on a return date to explain why it should not be made final.
On the return date, if the respondent does not appear after proper service, the court will grant a final protection order if there is prima facie evidence of harassment. If the respondent opposes, the court hears the evidence and grants a final order if it finds, on a balance of probabilities, that harassment has taken place. A final order remains in force for five years, unless the court extends it or sets it aside.
Courts look closely at the evidence. In an August 2025 judgment in a harassment matter, the Gauteng High Court granted an interdict against a neighbour after finding a repeated pattern of abuse and gestures aimed at causing distress, but declined parts of the relief that the evidence did not support. Bare denials carried little weight, and the court ordered punitive costs because the respondent had breached an earlier settlement undertaking.
When you do not know who the harasser is
Anonymous harassment, often through unknown numbers or fake social media profiles, is common. Section 4 of the Act allows the court to direct an electronic communications service provider to provide information that may identify the person responsible, such as the name and address linked to a number or account. The court can also direct the police to investigate where the harasser’s identity is unknown.
What the order can say
The court can prohibit the respondent from harassing you, from enlisting someone else to harass you, and from committing any other act specified in the order. It can impose conditions it considers reasonably necessary for your protection, for example prohibiting contact or requiring the respondent to stay away from your home or workplace. In appropriate cases, the court can order the police to seize weapons.
If the order is breached
Every protection order, including an interim order, comes with a suspended warrant of arrest. If the respondent breaches the order, you can hand the warrant to the police with an affidavit setting out the breach, and the respondent can be arrested. Breaching a protection order is a criminal offence carrying a fine or imprisonment of up to five years. Knowingly making a false statement in that affidavit is also an offence.
Practical steps if you are being harassed
- Prioritise your safety. If you are in immediate danger, contact the police.
- Keep a record. Note dates, times, places and what was said or done. Save screenshots with visible dates and usernames.
- Do not engage. Responding can escalate matters and complicate your evidence.
- Preserve evidence. Back up messages and footage before deleting or blocking accounts.
- Apply promptly. The sooner you apply, the easier it is to show a pattern and a risk of harm.
- Consider other remedies. Criminal charges, a civil interdict or a defamation claim may also be available, depending on the conduct.
If you have been served with an application, take it seriously too. Read the papers carefully, attend court on the return date, and respond to the specific allegations with your own evidence.
How O’Reilly Law can help
We assist people who are being harassed to prepare and bring applications for protection orders, including where the harasser is anonymous or the harassment is online. We also represent respondents who wish to oppose an application, and advise on related criminal complaints, civil interdicts and defamation claims.
Contact us to discuss your situation in confidence.
Related reading: Protection orders under the Domestic Violence Act · Harassment at work: what employers must do
This article is general information and not legal advice. Correct as at November 2026.