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Stalking & The South African Law.

4/12/2020

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This is a quote from the South African Law Reform Commission and as you can see, STALKING IS NOT RECOGNISED as a crime in South Africa. It is identified as a form of abuse. They have however included harassment in the definition of domestic violence which would accommodate acts amounting to stalking.
This makes it incredibly difficult to prove you are being watched, whether it be the offender standing close to your house or office or the offender has hacked you which is another sign of stalking.
"This recommendation endorsed the finding made in the Commission’s Research Paper on Domestic Violence that stalking is an identified form of abuse. However the Commission found that although stalking is often associated with domestic violence, it is a problem that is much broader than the domestic sphere.
The Commission recommended that the inclusion of harassment in the definition of domestic violence would accommodate acts amounting to stalking. However, the Commission noted that an investigation into the criminal-law response to stalking fell outside the Commission’s terms of reference
No dictionary definition of stalking in relation to persons exists. However jurisdictions around the globe have enacted legislative measures to address stalking behaviour in relation to people, thereby recognising it to be a public problem which merits attention. A person being stalked in South Africa may have recourse to the civil and or criminal law depending on the actions of the stalker. South African civil law, by way of the Domestic
Violence Act 116 of 1998,14 defines stalking and provides recourse to persons being stalked with the proviso that the person being stalked is in a domestic relationship with the stalker. The Domestic Violence Act defines stalking as “repeatedly following, pursuing or accosting the complainant”.15 Stalking is however not recognised as a crime in South Africa. The existing criminal law focuses primarily on the punishment of specific prohibited acts. It is only where an aspect of stalking behaviour constitutes a criminal act that the criminal law may be invoked to restrain or punish a stalker."
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