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psychological or economic harm or inspires the reasonable belief on the
part of the victim that harm will be caused to the victim or any member
of his/her family. This can include (but is even wider) unreasonably
following, watching, pursuing a person, unreasonable verbal, electronic
or other communication and or unreasonable sending of letters, faxes,
telegrams, packages, text messages and / or e-mails to a person, as well
as sexual harassment and bullying.

Under the Act, a victim can relatively informal and cost effectively obtain
a protection order and enforce such against a perpetrator and have
such formally served on them. The Act, unlike the Domestic Violence Act,
does not require a “domestic relationship” between the complainant
and the perpetrator.
In your situation, the single e-mail of your colleague could constitute
harassment under the Act and allow you to consider the remedies
afforded under the Act. It would be prudent to consult your attorney to
discuss the merits and various options available to you to address the
conduct of your colleague before you take any steps.

What rights do performing animals have?

February 2017

“With a circus in town again, I cannot but wonder whether
there is any protection for the animals that have to perform
in the circus. I’m not saying they are being mistreated, but
surely their treatment cannot be left only to the discretion of
the circus owners?”

A circus is a show that often features live animal performances. Our
legislature has long recognised that these animals need protection and
already in 1935 promulgated the Protection of Performing Animals Act
Litigation (“PAPA”) to regulate the exhibition and training of performing animals.
At the beginning of this year amendments to PAPA were published
which seeks to amend sections 2 and 3 of PAPA which were declared
constitutionally invalid as they allowed Magistrates to consider and
issue licenses under PAPA. The amendment act has however not yet
commenced in order to provide Government the opportunity to establish
a national licencing authority that will issue licences for the exhibition or
training of animals.

In terms of PAPA, any person involved in the exhibition or training of
animals (such as a circus owner) must obtain a valid license in terms
of PAPA to do so. To obtain such a licence, very specific guidelines for

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