What is an interdict in south african law

what is an interdict in south african law

Interdicts in Brief

Apr 16,  · 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 , depending on the facts. Should there be facts in dispute between the parties, the interdict can also be brought by way of the Action . May 23,  · 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.

Certain interim relief was granted to the applicant on the 28 th of January and the applicant wanted to confirm this relief, pendente lite. The parties got married in under and as far as an antenuptial agreement which did not include the accrual system. Around after 11 years they chose to leave their marital home on a farm in the Northern Cape and they together moved and lived in Victoria Bay, which turned into their new wedding home.

During Octoberthe respondent left the property and came back to the old wedding home and from that time until the 5th of Decemberthe applicant inhabited the property in harmony, while the respondent lived in the old marital home. The parties were not in agreement about whether the test to be applied was that for interim or final relief. It was held by the court that the relief the applicant wanted was temporary in nature. Thus, all together for the application to be effective, the applicant needed to create a prima facie right; a concern of enduring mischief; that the equalization of comfort supported the giving of the assistance; and the nonattendance of some other satisfactory remedy.

The applicant takes the position; that she has no place else to live; has no suitable option in contrast to living at the property and likewise the application was essential and urgent.

No other acceptable remedy was accessible to her. The respondent takes the position that the applicant is a woman of some extensive methods and can undoubtedly lease an appropriate property should she not wish to live in the wedding home in the Northern Cape. The applicant thus succeeded in establishing all the requirements of an interim. The interim order was confirmed. The requirements what comes around goes around boots an interim interdict.

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What is an Interim Interdict?

Nov 07,  · The interim interdict obtained by UCT applies to all persons participating or intending to participate in unlawful conduct at the University. This is one of the narrowest interdicts discussed here. UCT will have to show that an individual participated or was intending to participate in unlawful activities before the interdict can apply to them. UCT was also one of the last institutions to apply for . Commercial Law | Family Law Search form. Search. Home; About; Service. Family Law & Mediation; However, few people know how to obtain an interdict. Here’s how: c/o South & Larch Nook Street Zwartkop, Centurion, Gauteng View on Google Maps. Related Articles. May 29,  · The requirements of an interim interdict. Case Summary: HM v LM. Certain interim relief was granted to the applicant on the 28 th of January and the applicant wanted to confirm this relief, pendente kristinfrey.com following relief was granted to the applicant in terms of the interim order, namely that the respondent was, “ interdicted and restrained from alienating, entering into any sale.

Interim interdicts have featured in several high-profile cases recently and the applicants have to meet certain criteria. The most referred to case in these applications is Setlogelo v Setlogelo AD But this case is over years old, so can it still be valid?

The court held that it is unnecessary to fashion a new test in order to grant an interim interdict. The test in Setlogelo , as adapted by case law, continues to be a handy and ready guide, not only to judicial officers in busy Magistrates' and High Courts but also for practitioners alike.

Now, however, the test must be applied cognisant of the normative scheme and democratic principles that underpin our Constitution.

So when a court considers whether to grant an interim interdict it must do so in a way that promotes the objects, spirit and purport of the Constitution. The well-established requirements for the granting of an interim interdict as set out in Setlogelo and refined, 34 years later, in Webster are as follows:. The test requires that an applicant that claims an interim interdict must establish:. The Setlogelo case as well as the National Treasury case are available, free to download.

Home Lexis Digest Legal year-old case on interim interdicts Print. The well-established requirements for the granting of an interim interdict as set out in Setlogelo and refined, 34 years later, in Webster are as follows: The test requires that an applicant that claims an interim interdict must establish: a prima facie right, even if it is subject to some doubt; a reasonable apprehension of irreparable and imminent harm to the right if an interdict is not granted; the balance of convenience must favour the granting of the interdict; and the applicant must have no other remedy.



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