Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No.
R 385
National Instruction 1/2013 : Protection from Harassment2. Definitions |
In this instruction, unless the context otherwise indicates, -
(a) "complainant" means any person who alleges that he or she is being or has been harassed;
| (b) | "electronic communications service provider" means an entity or a person who is licensed or exempted from being licensed in terms of Chapter 3 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), to provide an electronic communication service; |
(c) "harassment" means directly or indirectly engaging in conduct that the respondent knows or ought to know—
| (i) | causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person by unreasonably — |
| (a) | following, watching, pursuing or accosting the complainant or a related person, or loitering outside of or near the building or place where the complainant or a related person resides, works, carries on business, studies or happens to be; |
| (b) | engaging in verbal, electronic or any other communication aimed at the complainant or a related person, by any means, whether or not conversation ensues ; or |
| (c) | sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant or a related person or leaving them where they will be found by, given to, or brought to the attention of, the complainant or a related person; or |
(ii) amounts to sexual harassment of the complainant or a related person;
(d) "harm" means any mental, psychological, physical or economic harm;
| (e) | "related person" means any member of the family or household of a complainant, or any other person in a close relationship with the complainant; |
| (f) | "respondent" means any person against whom proceedings are instituted in terms of the Act and includes any person who is reasonably suspected of engaging in or having engaged in harassment of the complainant or a related person; |
(g) "sexual harassment" means any -
| (i) | unwelcome sexual attention from a person who knows or ought reasonably to have known that such attention is unwelcome; |
| (ii) | unwelcome explicit or implicit behaviour, suggestions, messages or remarks of a sexual nature that have the effect of offending, intimidating or humiliating the complainant or a related person in circumstances, in which a reasonable person having regard to all the circumstances would have anticipated that the complainant or related person would be offended, humiliated or intimidated; |
| (iii) | implied or expressed promise of reward for complying with a sexually oriented request; or |
| (iv) | implied or expressed threat of reprisal or actual reprisal for refusal to comply with a sexually oriented request; |
(h) "the Act" means the Protection from Harassment Act, 2011 (Act No. 17 of 2011) and the regulations issued in terms thereof; and
(i) "weapon" means -
| (i) | any firearm or any handgun or airgun or ammunition as defined in section 1(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000); and |
| (ii) | any object, other than that which is referred to in paragraph (i), which is likely to cause serious bodily injury if it were used to commit an assault. |
