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.
How does a 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.
Can a magistrate court grant an interdict?
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.
How much does an interdiction cost?
The attorney appointed by the court must be paid a fee which will be at least $100. To file a petition for interdiction you must pay a deposit to the court that will be at least $150. If the Court does not grant the interdiction, it will order you to pay the court costs.
Is interdict a remedy?
interdict, in Roman and civil law, a remedy granted by a magistrate on the sole basis of his authority, against a breach of civil law for which there is no stipulated remedy. Interdicts can be provisionary (opening the way for further action) or final.
How does interdict work in South Africa?
A protection order, also called a restraining order or domestic violence interdict, is a court order that tells an abuser to stop the abuse and sets certain conditions preventing the abuser from harassing or abusing the victim again. Once a protection order is granted, it is valid until the victim withdraws it.
What constitutes harassment in South Africa?
1. What is harassment? When a person’s behaviour is so extreme, abusive or rude that it causes harm to another person or makes another person believe that s/he will suffer harm. This may include mental, psychological, physical or financial harm.
Can you sue someone for emotional abuse in South Africa?
This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims. Most emotional distress claims require you to have suffered physical harm as a result of the incident.
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.
What is an interdict order?
What is legal interdiction?
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.
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.
Can an interdict be applied for on an urgent basis?
If an interdict is applied for on an urgent basis, urgency must be proved. What this entails will differ on a case-to-case basis. A court will not grant an urgent application if urgency was not sufficiently proven.
What happens if an interdict is not granted?
The applicant must prove that he/she will suffer irreparable harm if the interdict is not granted. On top of that, the court considers a balance – potential prejudice to the applicant if the interdict is refused against the respondent’s potential prejudice if it is granted.