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Cease And Desist Letter For Harassment

Cease And Desist Letter For Harassment Template for South Africa

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Key Requirements PROMPT example:

Cease And Desist Letter For Harassment

"I need a Cease and Desist Letter for Harassment to address a former employee who has been repeatedly sending threatening emails to our staff and showing up uninvited at our office premises since January 2025; the letter should emphasize both digital and physical harassment aspects and reference our previous verbal warnings."

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Document background
A Cease And Desist Letter For Harassment is a crucial legal tool in South Africa's legal framework for addressing and stopping harassment. This document is typically used when an individual experiences persistent unwanted behavior that qualifies as harassment under the Protection from Harassment Act 17 of 2011 and related legislation. The letter serves as a formal warning and creates a documented record of the demand to stop harassing behavior. It should detail specific incidents, cite relevant South African laws being violated, and clearly outline the consequences of continued harassment, which may include seeking a protection order or pursuing criminal charges. This document is particularly important as it often serves as a prerequisite to further legal action, demonstrating that the recipient was formally notified of their offensive behavior and requested to stop. The letter must comply with South African legal requirements and can be used in various contexts, including workplace harassment, personal harassment, or digital harassment.
Suggested Sections

1. Sender and Recipient Details: Full names, addresses, and contact information of both parties, including the date of the letter

2. Subject Line: Clear identification that this is a Cease and Desist Letter regarding harassment

3. Introduction and Legal Representation: Statement identifying the sender and their legal representation if applicable

4. Description of Harassing Behavior: Detailed account of specific incidents, including dates, times, and nature of harassment

5. Legal Rights and Violations: Citation of relevant laws being violated, particularly the Protection from Harassment Act

6. Cease and Desist Demand: Clear demand to immediately stop all forms of harassment and future contact

7. Legal Consequences: Description of legal actions that will be taken if harassment continues

8. Compliance Timeline: Specific deadline for compliance with the demands

9. Closing Statement: Formal closing indicating the seriousness of the matter and expectation of compliance

Optional Sections

1. Previous Communications: Reference to any previous warnings or requests to stop the harassment

2. Workplace Impact: Include if harassment has affected professional environment or occurred in workplace context

3. Digital/Social Media Reference: Specific section addressing online harassment if applicable

4. Third Party References: Include if harassment has extended to family members, colleagues, or other associated persons

5. Protection Order Reference: Include if a protection order has been or will be sought

6. Police Report Reference: Include if any police reports have been filed regarding the harassment

Suggested Schedules

1. Evidence Log: Chronological list of harassment incidents with dates, times, and descriptions

2. Communication Records: Copies of relevant messages, emails, or other communication proving harassment

3. Witness Statements: If applicable, statements from witnesses who have observed the harassment

4. Photography/Video Evidence: If applicable, visual evidence of harassment or property damage

5. Medical Records: If applicable, documentation of any physical or psychological impact

6. Police Reports: Copies of any filed police reports related to the harassment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Corporate

Education

Healthcare

Retail

Technology

Financial Services

Public Sector

Non-Profit

Entertainment

Real Estate

Hospitality

Relevant Teams

Human Resources

Legal

Compliance

Security

Employee Relations

Risk Management

Corporate Communications

Executive Leadership

Operations

Administration

Relevant Roles

Human Resources Manager

Legal Counsel

Compliance Officer

Employee Relations Manager

Security Manager

Department Manager

Executive Director

School Principal

University Administrator

Workplace Safety Coordinator

Risk Management Officer

Operations Manager

Corporate Communications Director

Chief Executive Officer

Chief Legal Officer

Industries
Protection from Harassment Act 17 of 2011: This is the primary legislation dealing with harassment in South Africa. It provides a broad definition of harassment, enables victims to obtain protection orders, and outlines legal remedies against harassers. It covers both physical and electronic forms of harassment.
Domestic Violence Act 116 of 1998: While primarily focused on domestic violence, this Act is relevant when harassment occurs within domestic relationships. It provides additional protective measures and remedies for victims of harassment in domestic contexts.
Constitution of South Africa, Section 14: The right to privacy in the Constitution is relevant as harassment often involves invasion of privacy. This constitutional right strengthens the basis for cease and desist demands.
Constitution of South Africa, Section 10: The right to human dignity is protected under the Constitution and is often violated in harassment cases, providing additional constitutional backing for cease and desist demands.
Criminal Procedure Act 51 of 1977: Relevant sections pertaining to protection orders and enforcement of court orders may apply in harassment cases, particularly if criminal charges are being considered.
Electronic Communications and Transactions Act 25 of 2002: This Act becomes relevant in cases of cyber harassment or electronic communications used for harassment, providing legal framework for dealing with digital forms of harassment.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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