How do I get a court interdict in South Africa?

How do I get a court interdict in South Africa?

To obtain the interim interdict, the applicant must prove that the applicant has a prima facie (on the face of it) right, that the applicant will suffer irreparable harm should the interim interdict not be granted and that there is no other available remedy.

What does interdiction mean in law?

An interdiction is a legal process where a court is asked to determine, from testimony and other evidence presented, whether a person is unable, due to an infirmity, to consistently make decisions regarding his person and/or his property, or to communicate those decisions.

What is the meaning of an interdict?

Definition of interdict (Entry 2 of 2) transitive verb. 1 : to lay under or prohibit by an interdict. 2 : to forbid in a usually formal or authoritative manner. 3a : to destroy, damage, or cut off (something, such as an enemy line of supply) by firepower to stop or hamper an enemy.

What is an example of interdict?

The definition of an interdict is an absolute order not to do something issued by a person in authority. An order issued by the King forbidding his subjects from eating meat on Tuesday is an example of an interdict.

How much does an interdict cost in South Africa?

An interdict is a powerful remedy which protects the right(s) of a person or entity, against an unlawful interference. Generally, interdicts are brought by way of Motion Procedure and the costs incurred for such proceedings could start at R6 000.00, depending on the facts.

How do I open an interdict?

How to obtain a domestic protection order (interdict)

  1. Step 1: Go to your nearest Magistrate’s Court. The Magistrate’s Court has the power to grant you a domestic protection order.
  2. Step 2: Fill in the forms. The court will give you forms to complete.

What is the purpose of an interdiction?

Interdiction is a military term for the act of delaying, disrupting, or destroying enemy forces or supplies en route to the battle area. A distinction is often made between strategic and tactical interdiction.

What does criminal interdiction mean?

The definition of Interdiction is to confront and halt the activities, advance, or entry of an unwanted element. Criminal Interdiction is the identification and interception of these unwanted criminal elements. Criminal Interdiction is for the patrol officer who wants to perform their profession more efficiently.

How do I interdict against someone?

What are the requirements for an interdict?

Before an interdict can be granted, some requirements must be met:

  • The applicant must prove that he has a clear legal right, such as the right to a good name and dignity.
  • The applicant must prove that he/she will suffer irreparable harm if the interdict is not granted.

What are the requirements for a final interdict?

The requirements for a final interdict are: (i) A clear right4; (ii) An injury actually committed or reasonably apprehended; and (iii) The absence of similar protection by any other ordinary remedy.

How does a court interdict work?

An interdict is the court order that has the power to enforce a party’s rights that have been disregarded by another party. The interdict is usually an inexpensive legal procedure that holds a large amount of power as it requires the respondent to do something or it refrains them from doing something.

What is an interdict in law?

An interdict is a court order that has the power to enforce a party’s rights that have been disregarded by another party. Interdicts are a powerful remedy that can be granted by the courts where someone needs protection of their rights against the threat of or the actual unl

Can a mandatory interdict be obtained in the Magistrates Court?

It is further to be noted that a Interdicts can be obtained in both the Magistrates and High Court, however a Mandatory Interdict, which amounts to an order of specific performance can only be obtained in the High Court and not the Magistrates Court.

What is a final interdict?

This type of interdict is as the name states is final, and is not granted pending another decision. In short it can be said that should all factors required for a final interdict as listed above be present the interdict should be granted by the Court. Written by : Jean Vermaas (B.Com Law, LL.B, LL.M)

What is an interdict in South Africa?

An interdict, according to Jones & Buckle ( Jones & Buckle Civil Practice in the Magistrates Court SA 6ed 71), is an extraordinary remedy and summary remedy issued where someone needs protection of his or her rights against unlawful interference or the threat of unlawful interference. Interdicts generally take one of 3 forms: