Interdicts are classified into three types:
Prohibitory interdict: attempted to prevent or prevent a person from doing or acting in a specific manner.
Mandatory interdict: an attempt to compel a party to act.
Restitutionary interdict: demanded the restitution of a party’s property.
Process, requirements, and onus in court
An injunction is obtained through application or motion proceedings. To put it another way, the initial documents will include a Notice of Motion and a Founding Affidavit. The Notice of Motion will state whether an interdict or an order from the court is sought. The Founding Affidavit will lay out the foundation for your application and refer to relevant material.
The applicant is responsible for meeting the following elements in order to acquire the sought-after interdict:
A distinct right (the right that will be violated),
If the interdict is not granted, the applicant will suffer irreparable loss, and
There are no other options.
With regard to the foregoing, courts will assess the possible disadvantage to the party seeking the interdict if it is not granted against the potential prejudice to the other party if it is granted.
Interim interdicts may also be granted by courts if requested. An temporary injunction is not binding. It allows the interdict (of any sort) to be in effect from the time the interim interdict is obtained until the court issues a final ruling.
To get an interim interdict, the applicant must demonstrate that the applicant has a prima facie (on the surface) right, that the petitioner will suffer irreparable harm if the interim interdict is not granted, and that no other remedy is available.
What is the purpose of an interdict?
An interdict is a court order that has the authority to enforce one party’s rights that have been violated by another. The interdict is typically a low-cost legal procedure that has significant authority since it either demands or prohibits the respondent from doing something.
What exactly does it mean to be interdicted?
An interdiction is a legal process in which a court is petitioned to assess whether a person is incapable, due to an infirmity, to consistently make decisions about his person and/or his property, or to convey such decisions.
How long is an interdict in effect?
3 years
If your partner/ex-partner violates or breaches the interdict, the police have the authority to arrest him without a warrant. The arrest power can be granted for up to three years and can be renewed many times.
