Article by Anashya Jugmohan |
South African law provides protection for individuals facing abuse, threats, and harassment through two key pieces of legislation: the Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (PHA). While both laws aim to safeguard individuals from harm, they apply to different circumstances and relationships.
Knowing under which Act to apply for an Interim Protection Order (IPO) is crucial in ensuring the correct legal protection. I provide this breakdown to highlight the differences between these two Acts and helps individuals determine which legal remedy best applies to their situation.
The Domestic Violence Act (DVA) – Protection from Abuse in Domestic Relationships
The Domestic Violence Act (DVA) protects individuals experiencing abuse from someone with whom they share a domestic relationship. This includes:
- Spouses, ex-spouses, or life partners
- Parents and children (including adult children abusing elderly parents)
- Family members (siblings, in-laws, extended family living together)
- Boyfriends/girlfriends, ex-partners, and cohabitants
- Household members (including live-in domestic workers, tenants, or landlords in the same home)
What Does the DVA Cover?
The Act defines domestic violence broadly to include:
- Physical abuse – Assault, pushing, hitting, or causing bodily harm.
- Sexual abuse – Rape, sexual assault, or forced sexual acts.
- Emotional, verbal, and psychological abuse – Name-calling, belittling, gaslighting, or intimidation.
- Economic abuse – Controlling money, withholding financial support, or preventing employment. (for more information on economic abuse, see my article “Financial Abuse in Relationships”)
- Intimidation and stalking – Repeated unwanted contact or threats.
- Harassment – Constant surveillance, following, or persistent phone calls.
- Property damage – Deliberately destroying personal belongings.
- Any other controlling or abusive behaviour that causes harm or distress.
When to Apply for an Interim Protection Order (IPO) Under the DVA
You should apply for a Protection Order under the DVA if:
- The person harassing or abusing you is someone you have or had a domestic relationship with.
- You are experiencing any form of domestic abuse as defined above.
- You need immediate protection from an abusive household member or intimate partner.
An Interim Protection Order (IPO) can be granted urgently without the abuser being present. The Court may issue an order preventing further abuse, restricting contact, and even removing the abuser from the home.
The Protection from Harassment Act (PHA) – Protection from Stalkers & Harassers
The Protection from Harassment Act (PHA) is broader and applies to anyone being harassed, stalked, or intimidated, regardless of their relationship with the harasser. Unlike the DVA, the PHA protects individuals outside of domestic relationships, including:
- Strangers (e.g., stalkers, online harassers).
- Colleagues, employers, or employees.
- Neighbours.
- Friends or acquaintances.
- Ex-partners with whom you did not live or share a domestic relationship.
What Does the PHA Cover?
The Act defines harassment as any unwanted behavior that causes harm, distress, or fear, including:
- Stalking – Repeatedly following, watching, or showing up at places where you are.
- Unwanted contact – Excessive calls, messages, emails, or social media harassment.
- Defamation or false accusations – Spreading lies to damage your reputation.
- Threats or intimidation – Any words or actions making you fear for your safety.
- Cyberbullying and online harassment – Posting private information, threats, or abusive messages on social media.
- Damage to property or personal safety threats.
When to Apply for an Interim Protection Order Under the PHA
You should apply for a Protection Order under the PHA if:
- The harasser is not someone you have or had a domestic relationship with.
- You are being stalked, harassed, or intimidated by a stranger, colleague, or acquaintance.
- You are experiencing cyberbullying, excessive unwanted contact, or online harassment.
- Someone is repeatedly threatening, watching, or following you, even if they have never physically harmed you.
An Interim Protection Order under the PHA can be granted urgently and does not require a prior police report. If the harasser is unknown (e.g., anonymous threats), the Court can direct the police to investigate and track down the perpetrator.
Key Differences Between the DVA and the PHA
| DVA/PHA | Domestic Violence Act (DVA) | Protection from Harassment Act (PHA) |
| Who does it apply to? | People in a domestic relationship (spouses, partners, family, household members). | Anyone, including strangers, co-workers, neighbours, or online stalkers. |
| What does it cover? | Physical, emotional, economic, and other forms of domestic abuse. | Harassment, stalking, cyberbullying, intimidation, and unwanted contact. |
| What proof is needed? | Evidence of domestic abuse (past or ongoing). | Proof of repeated harassment causing distress. |
| When to apply for an IPO? | If the abuse is from a domestic partner, family member, or cohabitant. | If the harassment is from anyone outside a domestic relationship. |
Choosing the Right Protection Order
Both the Domestic Violence Act (DVA) and the Protection from Harassment Act (PHA) serve as powerful legal tools to protect individuals from abuse and harm. The key distinction lies in the relationship between the victim and the perpetrator:
If you are unsure which Act applies to your situation, seek legal advice from a professional or assistance from your nearest Magistrate’s Court to ensure you receive the appropriate protection.
