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Protection from Harassment Act, 2010 (Act No. 17 of 2010)

10. Court’s powers in respect of protection order

 

 

1) The court may, by means of a protection order, prohibit the respondent from-
a) engaging in or attempting to engage in harassment;
b) enlisting the help of another person to engage in harassment; or
c) committing any other act as specified in the protection order.

 

2) The court may impose any additional conditions on the respondent which it deems reasonably necessary to protect and provide for the safety or well-being of the complainant or related person.

 

3) The court may order-
i) seize any weapon in the possession or under the control of the respondent as provided for in section 12;
ii) accompany the complainant or related person to a specified place to assist with arrangements regarding the collection of personal property identified in the application for a protection order; or
b) the station commander of the relevant police station to investigate the matter with the view to the possible institution of a criminal prosecution against the respondent.

 

4)
a) The physical, home and work address of the complainant or related person must be omitted from the protection order, unless the nature of the terms of the order necessitates the inclusion of the address;
b) the court may issue any directions to ensure the complainant’s or related person’s physical address is not disclosed in any manner which may endanger the safety or well-being of the complainant or related person.

 

5)
a) Provided that the complainant is not in possession of or not in the process of applying for a protection order against harassment or stalking as provided for in the Domestic Violence Act, 1998 (Act No. 116 of 1998), the court may not refuse-
i) to issue a protection order; or
ii) to impose any condition or make any order,

which it is competent to impose or make under this section, merely on the grounds that other legal remedies are available to the complainant;

b) If the court is of the opinion that any provision of a protection order deals with a matter that should, in the interests of justice, be dealt with further in terms of any other relevant law, the court must order that that provision remains in force for the limited period as the court determines, in order to afford the party concerned the opportunity to seek appropriate relief in terms of that law.

 


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