Protection from Harassment Act, 2011 (Act No. 17 of 2011)2. Application for protection order |
| (1) | A complainant may in the prescribed manner apply to the court for a protection order against harassment. |
| (2) | If the complainant or a person referred to in subsection (3) is not represented by a legal representative, the clerk of the court must inform the complainant or person, in the prescribed manner, of— |
| (a) | the relief available in terms of this Act; and |
| (b) | the right to also lodge a criminal complaint against the respondent of crimen injuria, assault, trespass, extortion or any other offence which has a bearing on the persona or property of the complaint or related person. |
| (3) |
| (a) | Notwithstanding the provisions of any other law, the application for a protection order may, subject to paragraph (b), be brought on behalf of the complainant by another person who has a material interest in the well-being of the complainant or related person; |
| (b) | An application referred to in paragraph (a) must be brought with the written consent of the complainant, except in circumstances where the complainant is a person who, in the opinion of the court, is unable to do so. |
| (4) | Notwithstanding the provisions of any other law, any child, or person on behalf of a child, may apply to the court for a protection order without the assistance of a parent, guardian or any other person. |
| (5) | The application referred to in subsection (1) may be brought outside ordinary court hours or on a day which is not an ordinary court day, if the court has a reasonable belief that the complainant or a related person is suffering or may suffer harm if the application is not dealt with immediately. |
| (6) | Supporting affidavits by persons who have knowledge of the matter concerned may accompany the application. |
| (7) | The application and affidavits must be lodged with the clerk of the court who must immediately submit the application and affidavits to the court. |