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ARTICLE · 28 AUGUST 2025

Harassment Orders: Why "Harm" Is The Hinge

Saying "I feel harassed" is not enough. South Africa's Protection from Harassment Act 17 of 2011 gives swift, practical relief outside of domestic relationships...

South AfricaLitigation, Mediation & Arbitration

What courts look for and how to build a case that holds

Saying "I feel harassed" is not enough. South Africa's Protection from Harassment Act 17 of 2011 gives swift, practical relief outside of domestic relationships, but it asks for one thing in return: proof of harm (or a reasonable belief that harm may occur). Many good applications falter because they describe upsetting conduct without showing its impact. This article explains, in plain English, what "harm" means, how magistrates test it, and how to assemble evidence that persuades.

What "harassment" and "harm" mean in practice

The Act casts a wide net over conduct: repeated messages (including electronic), following, watching or loitering near your home or workplace, and sending or leaving things for you to find. It is as much about digital intrusion as it is about footsteps outside a gate. But the key is harm – defined to include mental, psychological, physical or economic harm. In other words, the

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