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- Is amended by Domestic Violence Act, 1998
- Is commenced by Protection from Harassment Act, 2011: Commencement
- Amends Firearms Control Act, 2000
South Africa
Protection from Harassment Act, 2011
Act 17 of 2011
- Published in Government Gazette 34818 on 5 December 2011
- Assented to on 2 December 2011
- Commenced on 27 April 2013 by Protection from Harassment Act, 2011: Commencement
- [This is the version of this document from 14 April 2023.]
- [Amended by Domestic Violence Act, 1998 (Act 116 of 1998) on 14 April 2023]
1. Definitions and application of Act
2. Application for protection order
3. Consideration of application and issuing of interim protection order
4. Electronic communications service provider to furnish particulars to court
5. Court may order investigation to ascertain name and address of respondent
6. Powers of members of South African Police Service to ascertain name and address of respondent
7. Attendance of witnesses
8. Circumstances in which proceedings may not take place in open court and publication of information
9. Issuing of protection order
10. Court's powers in respect of protection order
11. Warrant of arrest upon issuing of protection order
12. Seizure of weapons
The court may order a member of the South African Police Service to seize any weapon in the possession of or under the control of a respondent and direct the clerk of the court to refer a copy of the record of the evidence concerned to the National Commissioner of the South African Police Service for consideration in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000).13. Variation or setting aside of protection order
14. Jurisdiction
15. Service of documents
Service of any document in terms of this Act must be effected immediately in the prescribed manner by the clerk of the court, the sheriff or a peace officer—16. Costs
The court may only make an order as to costs against any party if it is satisfied that the party in question has acted frivolously, vexatiously or unreasonably.17. Appeal and review
The provisions in respect of appeal and review as provided for in the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and the Supreme Court Act, 1959 (Act No. 59 of 1959), apply to any proceedings in terms of this Act.18. Offences
19. Regulations
20. Policy directives
21. Amendment of section 102 of Act 60 of 2000, as amended by section 30 of Act 28 of 2006
Section 102 of the Firearms Control Act, 2000, is hereby amended by the insertion after paragraph (a) of subsection (1) of the following paragraph:22. Amendment of Schedule 2 to Act 60 of 2000
Schedule 2 to the Firearms Control Act, 2000, is hereby amended by the insertion after paragraph (d) of item 7 of the following paragraph:23. Short title and commencement
This Act is called the Protection from Harassment Act, 2011, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
14 April 2023 this version
Amended by
Domestic Violence Act, 1998
27 April 2013
Commenced by
Protection from Harassment Act, 2011: Commencement
05 December 2011
02 December 2011
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Directive in terms of section 20(3) relating to clerks of the court, 2013 | Government Notice R276 of 2013 |
National Instruction on Protection from Harassment, 2013 | Government Notice 688 of 2013 |
Protection from Harassment Regulations, 2013 | Government Notice R274 of 2013 |
Tariff of compensation payable to electronic communications service providers, 2013 | Government Notice R275 of 2013 |
Cited documents 9
Legislation 9
Documents citing this one 43
Gazette 13
- South Africa Government Gazette Regulation Gazette dated 2013-04-12 number 36357
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2020-05-04 number 43268
- South Africa Government Gazette Regulation Gazette dated 2021-08-06 number 44936
- South Africa Government Gazette dated 2013-09-16 number 36845
- South Africa Government Gazette dated 2013-11-06 number 37005
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2015-09-09 number 39183
- South Africa Government Gazette dated 2020-06-02 number 43383
- South Africa Government Gazette dated 2020-08-07 number 43595
- South Africa Government Gazette dated 2021-02-05 number 44173 part 1
- South Africa Government Gazette dated 2021-06-01 number 44651
- South Africa Government Gazette dated 2022-01-28 number 45822
Guide 1
Judgment 22
- A M v S D (AR 220/2022) [2023] ZAKZPHC 50 (12 May 2023)
- Emam v Carlson (20740/2022) [2023] ZAWCHC 33 (11 April 2023)
- Fisher v Etchell and Another (15938/20) [2021] ZAGPJHC 372 (1 December 2021)
- Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 1 (8 September 2023)
- HC Heat Exchangers (Pty) Ltd v De Araujo N.O. and Others (JR 155/2016) [2019] ZALCJHB 382 (8 October 2019)
- J R v T R and Another (21609/2021) [2022] ZAGPJHC 364 (13 June 2022)
- J R v T R and Another (21609/21) [2022] ZAGPJHC 918 (13 June 2022)
- Janse van Vuren and Others v Van der Merwe (1054/2019; 21511/2018; 23267/2018; 2331869/20) [2023] ZAWCHC 137 (29 August 2023)
- L W v K A (A2023-013223) [2023] ZAGPJHC 1162 (13 October 2023)
- Le Grellier and Another v Kamionsky and Another (2023-058876) [2023] ZAGPJHC 1328 (13 November 2023)
- Levi and Another v Bankitny and Another (2611/2022) [2023] ZAWCHC 84 (13 June 2023)
- Madikizela v Nkosi and Another (19408/2021) [2023] ZAGPJHC 300 (13 April 2023)
- McGregor v Public Health and Social Development Sectoral Bargaining Council and Others [2021] ZACC 14 (17 June 2021)
- McGroarty v Hutchinson (AR 3/2021) [2022] ZAKZPHC 1 (3 June 2022)
- Mnyandu v Padayachi (AR 162/2014) [2016] ZAKZPHC 78 (1 August 2016)
- Moos v Makgoba (A 238/19) [2022] ZAGPPHC 863 (25 May 2022)
- Moyo v Minister of Justice and Constitutional Development and Others; Sonti v Minister of Justice and Correctional Services and Others (386 of 2017; 387 of 2017) [2018] ZASCA 100 (20 June 2018)
- Qwelane v SAHRC and Others (686/2018) [2019] ZASCA 167 (29 November 2019)
- Ramadwa v Kokodi (A 443/16) [2018] ZAGPPHC 181 (15 March 2018)
- Ramadwa v Kokodi (A 443/16) [2018] ZAGPPHC 686 (15 March 2018)
- S v Gila (A93/2022) [2023] ZAWCHC 5 (19 January 2023)
- S v Kelly (CA & R 2/2023) [2023] ZANCHC 33 (14 April 2023)
Legislation 7
- Cybercrimes Act, 2020
- Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Adjusted Alert Level 3)
- Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Alert Level 3)
- Directions to Address, Prevent and Combat the Spread of COVID-19 in All Courts, Court Precincts and Justice Service Points in the Republic of South Africa (Alert Level 4)
- Legal Aid of South Africa Regulations, 2017
- Maintenance Act, 1998
- Protection from Harassment Regulations, 2013