How To Get A Court Interdict In South Africa
An interdict is a court order that can be used to enforce a party’s rights after another party has violated them. The interdict is typically a low-cost legal procedure with a lot of sway because it forces the respondent to do something or forbids them from doing something.
What is the South African interdict procedure?
In order for an interdict to be granted, it must be demonstrated, on the balance of probabilities, that the respondents will continue harming the applicant unless restrained by an interdict or that it is reasonably anticipated that they will do so.
What exactly does receiving an interdict mean?
An interdict is a court order with the ability to make another party respect a party’s rights if necessary. The interdict is typically a low-cost legal procedure with a lot of sway because it forces the responder to do something or forbids them from doing something.
In South Africa, how do you obtain an interdict?
Step 1: Visit the magistrate court that is most nearby.
A domestic protection order may be granted to you by the Magistrate’s Court.
You are welcome to visit the Court on any day that it is open, but if you believe that your life is in danger, you may also visit on days when the court is closed or after regular business hours.
Fill out the forms in step two.
You must fill out forms provided by the court. Additionally,
Please provide any proof of the abuse, including medical reports or witness testimony.
These forms and the additional documents will be given to the magistrate by the court clerk, who will then decide whether or not to issue you the order. The court clerk will ask the sheriff to deliver the order to the individual who is abusing you if the order is approved. The SAPD will deliver the order if there is a possibility that the abuser would be violent. Your abuser now has the opportunity to demonstrate that they are not abusive; this order is only temporary. The temporary protection order turns into a permanent one if the magistrate determines that the person is indeed abusive.
In addition to other things, the domestic security Even if you share a home, the order bars your abuser from contacting you or coming to see you. In the event that the abuser disobeys the order, you can go to the police and request that the abuser be arrested.
An injunction may be granted by a magistrates court.
A Mandatory Interdict, which is equivalent to an order of specific performance, can only be obtained in the High Court and not the Magistrates Court. It should be noted that Interdicts can be obtained in both the Magistrates and High Court.
When should I submit an interdict application?
A few conditions must be satisfied before an interdict is authorized: The applicant must demonstrate that he is in possession of a clear legal right, such as the right to good reputation and dignity The requester must demonstrate that, in the event the interdict is denied, they will sustain irreparable injury.
