Asked by the Customer on 08-04-2015 14:29:49
Question posted in the General Law category relating to KwaZulu-Natal
Question posted in the General Law category relating to KwaZulu-Natal
Good Day
I am been harassed at work everyday. I have ben receiving calls from a private number on my landline, when i answer, i either hear heavy breathing or nasty things. I went to the police but they were not helpful.
What are my options? can this person be prosecuted and jailed?
I am been harassed at work everyday. I have ben receiving calls from a private number on my landline, when i answer, i either hear heavy breathing or nasty things. I went to the police but they were not helpful.
What are my options? can this person be prosecuted and jailed?
Message from the Attorney
Posted by Att. Patrick on 08-04-2015 14:59:29
Hi there and thank you for your question,
This is actually quite a common thing around the world, as people think that they are anonymous when calling from a private number. They think that they can get away with anything and therefore continue doing it.
The cheapest way forwards is to force the police to investigate the matter. They will need to have a subpoena issued (by the Magistrates Court) ordering Vodacom/MTN/Cell C to hand over all of the information pertaining to your incoming calls. They will then be able to see "behind" the private number, and will be able to find out exactly what number keeps calling you.
If the number is a cell phone or land line then you are in business.
A second subpoena will then need to be issued ordering Vodacom/MTN/Cell C to hand over all of the information pertaining to that telephone number that keeps calling you. The police will then have the details of the owner of that number, and you can then have that person charged with assault - depending on what the nasty things they say. Otherwise the police will warn them to stop.
If the nasty things are (for example) death threats, then that person could be charged and could be prosecuted.
My advice however (because it is difficult to force the police to do their job) is to simply ignore the calls. Answer then and then put the phone on your desk and let that person run up their airtime. Don't speak to them. Pretend that it does not get to you. They will soon give up!
If you don't want to do that, then you could hire your own private attorney to launch an application against Vodacom/MTN/Cell C to hand over all of the information pertaining to your incoming calls. You would therefore be kick-starting the police's job, and then hand it over to them. The problem is that an attorney will most likely charge you quite a bit for the application.
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
This is actually quite a common thing around the world, as people think that they are anonymous when calling from a private number. They think that they can get away with anything and therefore continue doing it.
The cheapest way forwards is to force the police to investigate the matter. They will need to have a subpoena issued (by the Magistrates Court) ordering Vodacom/MTN/Cell C to hand over all of the information pertaining to your incoming calls. They will then be able to see "behind" the private number, and will be able to find out exactly what number keeps calling you.
If the number is a cell phone or land line then you are in business.
A second subpoena will then need to be issued ordering Vodacom/MTN/Cell C to hand over all of the information pertaining to that telephone number that keeps calling you. The police will then have the details of the owner of that number, and you can then have that person charged with assault - depending on what the nasty things they say. Otherwise the police will warn them to stop.
If the nasty things are (for example) death threats, then that person could be charged and could be prosecuted.
My advice however (because it is difficult to force the police to do their job) is to simply ignore the calls. Answer then and then put the phone on your desk and let that person run up their airtime. Don't speak to them. Pretend that it does not get to you. They will soon give up!
If you don't want to do that, then you could hire your own private attorney to launch an application against Vodacom/MTN/Cell C to hand over all of the information pertaining to your incoming calls. You would therefore be kick-starting the police's job, and then hand it over to them. The problem is that an attorney will most likely charge you quite a bit for the application.
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
the calls are been received at work which is a telkom line.
i can see it is private beacuse i have caller id set up.
i cant ignore calls as some of my suppliers call from a private number.
i can answer and place the receiver down so i dont hear what they are saying but important calls could be coming in which i can not take and ultimatley this is affecting my work.
when they are tracked down, can i charge them for anything if they did not make any threats?
at the moment its calls but who knows what else they are capable off? i cant wait for them to do something worse. i feel threatened and surely that must count for something.
i can see it is private beacuse i have caller id set up.
i cant ignore calls as some of my suppliers call from a private number.
i can answer and place the receiver down so i dont hear what they are saying but important calls could be coming in which i can not take and ultimatley this is affecting my work.
when they are tracked down, can i charge them for anything if they did not make any threats?
at the moment its calls but who knows what else they are capable off? i cant wait for them to do something worse. i feel threatened and surely that must count for something.
Message from the Attorney
Posted by Att. Patrick on 08-04-2015 17:16:04
Hi there,
What they would be charged with is intimidation and harassment. Clearly that is what they are trying to do.
I understand that while you leave the phone on the desk you might be missing important calls, but I promise you that you will notice a massive decrease in there prank calls. The caller will become tired of it, especially if you don't react.
"at the moment its calls but who knows what else they are capable off? i cant wait for them to do something worse. i feel threatened and surely that must count for something."
I understand that, so that is why you need to put pressure on the police to do their job, alternatively to take the burden on your shoulders and hire an attorney who can subpoena the incoming phone records. Remember, that Telkom can always see the called id of the incoming call, even if that caller id isn't forwarded to you!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
What they would be charged with is intimidation and harassment. Clearly that is what they are trying to do.
I understand that while you leave the phone on the desk you might be missing important calls, but I promise you that you will notice a massive decrease in there prank calls. The caller will become tired of it, especially if you don't react.
"at the moment its calls but who knows what else they are capable off? i cant wait for them to do something worse. i feel threatened and surely that must count for something."
I understand that, so that is why you need to put pressure on the police to do their job, alternatively to take the burden on your shoulders and hire an attorney who can subpoena the incoming phone records. Remember, that Telkom can always see the called id of the incoming call, even if that caller id isn't forwarded to you!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
what will the costs be to hire an attorney to act on my behalf?
i apologize for the many questions but i am highly stressed and frustrated at the moment.
will you be able to assist me with a subpeona?
i apologize for the many questions but i am highly stressed and frustrated at the moment.
will you be able to assist me with a subpeona?
Message from the Attorney
Posted by Att. Patrick on 08-04-2015 17:29:00
Q: what will the costs be to hire an attorney to act on my behalf? --> I've got no idea I'm afraid. That's something that you will need to speak to your attorney about. Rates can vary from Province to Province, and in-CBD to out-CBD.
i apologize for the many questions but i am highly stressed and frustrated at the moment. --> No worries. I'm here to assist where I can.
Q: will you be able to assist me with a subpeona? --> Unfortunately not as we're just a legal advice website. You'll need to hire an attorney to represent you in court legally.
i apologize for the many questions but i am highly stressed and frustrated at the moment. --> No worries. I'm here to assist where I can.
Q: will you be able to assist me with a subpeona? --> Unfortunately not as we're just a legal advice website. You'll need to hire an attorney to represent you in court legally.
Answer Accepted
This answer was accepted on 09-04-2015 08:05:53
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