Moos v Makgoba (A238/2019) [2022] ZAGPPHC 359 (25 May 2022)
Court
North Gauteng High Court, Pretoria
Case number
A238/2019
Judges
T.J Raulinga, S.M Mfenyana
The court held that the appellant failed to establish harassment as defined by the Protection from Harassment Act. The test for harm is objective, not subjective, and the appellant's evidence did not demonstrate that the respondent's conduct caused harm or inspired a reasonable belief of harm. The alleged conduct, such as placing a bucket under the tap and blocking entrances, may have upset the appellant but did not meet the threshold for harm required by the Act. The court emphasized that legislation must be applied equally and objectively, and a subjective interpretation would undermine the…