17/09/2026
YOU CAN OBTAIN A PROTECTION FROM HARASSMENT ORDER ON BEHALF OF YOUR BULLIED CHILD
Under the Protection from Harassment Act 17 of 2011, a parent or legal guardian can apply for a harassment protection order on behalf of their minor child. The order can be legally issued against another minor child (the bully).
Key Facts & Legal Requirements
Filing on Behalf of a Minor: A parent or guardian may submit the application at the Magistrate's Court in the jurisdiction where either the child or the bully resides, studies, or where the bullying occurred.
No Minimum Age for the Offender:
The Act does not specify an age limit for the respondent. If a minor child is engaging in conduct that causes mental, psychological, or physical harm, a court can issue an order against them.
Definition of Bullying as Harassment: Bullying, cyberbullying, physical threats, stalking, or persistent verbal abuse qualify as unlawful harassment under the Act.
Terms of the Order: The order typically orders the bully to stop all contact, direct or indirect communication, physical approaching, and online engagement with the victim.
Enforcement & Consequences:
Once issued, the court attaches a suspended warrant of arrest. Violating the conditions of a protection order is a criminal offense. When a minor breaches an order, the matter is handled under the Child Justice Act framework alongside the SAPS and juvenile/family court mechanisms.
Application Steps
Gather evidence (screenshots, witness statements, school incident reports, diary log of dates/times).
Visit the local Magistrate’s Court and request Form 2 (Application for Protection Order) from the Clerk of the Court.
Complete the affidavit detailing the repeated nature of the behavior and the harm caused.
If urgent relief is needed, the magistrate can grant an Interim Protection Order immediately before serving notice to the other family/minor.
MUST THE BULLYING BE EXTREME?
No, protection orders are not limited strictly to extreme or physically violent cases, but the legal threshold does require more than a single minor disagreement.
The court evaluates specific criteria when deciding whether to grant an order:
Definition of Harm: The conduct must cause mental, psychological, physical, or economic harm, or create a reasonable fear that harm will occur. This includes severe verbal abuse, persistent exclusion/humiliation, body shaming, threats, and cyberbullying (unwanted texts, social media harassment, or leaking private images).
Pattern of Behavior
(Repetition): In most cases, courts look for a repeated pattern of conduct rather than an isolated, one-off spat on the playground. However, a single incident can qualify if it is sufficiently severe or threatening.
Objective Test: The magistrate will consider whether a "reasonable person" in the child's position would experience fear, distress, or psychological harm from the conduct.
Triviality Exclusions: Courts generally will not issue protection orders for minor childhood squabbles, petty arguments, or everyday peer friction where no real harm or ongoing harassment is evident.
When to Pursue a Protection Order
If internal school interventions (disciplinary hearings, anti-bullying policies, mediation) fail and the behavior continues to harm the child's mental health or safety, a harassment protection order is an appropriate and valid next step.
