Court interdict south africa. Sep 26, 2008 · [1] This appeal is concerned with the extent to which the jurisdiction of the magistrates’ court to grant an interdict under 30(1) of the Magistrates’ Court Act 32 of 1944 (‘the Act’) is limited by s 29(1)(g) of the Act, which sets a monetary limit on the value of the subject in dispute. The date and time for hand-down is deemed to be 14:30 on. 4 Dec 2023. Before the Honourable Ms Acting Justice Pangarker . The clerk of the court will give these forms and the other documents to the magistrate, and s/he will then decide whether or not to grant you the order. The order was made in terms of s 7 (1) ( c ) of the Domestic Violence Act 116 of 1998 (‘the DVA’). J796 - Form 8. In general, if one Jan 7, 2020 · The starting point for any landlord should be to pursue the rental debt by means of a rental interdict summons. Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees, or trade unions from proceeding with threatened or current actions. 2 that the other spouse had no bona fide defence against the applicant’s alleged contingent right; [9] and. Judgment Delivered: 02 August 2021 . J794 - Form 6. [1] This 28 July 2020, the Applicant approached the urgent Court ex parte and in camera for an order to interdict the use and distribution of certain personal information which had come into the possession of the Respondent. If possible, also submit any evidence of the abuse, such as doctors’ reports or statements from witnesses. CAPE TOWN—The High Court of the Western Cape has handed down judgment in the application for an interim interdict against the Department of Forestry, Fisheries and the Environment’s (DFFE) 2022 hunting and export quotas for leopard, black rhino and elephant. [4] In terms of section 68 (1) of the Labour Relations Act5 (LRA), this Court has exclusive jurisdiction to grant an interdict or order to restrain a strike or conduct in contemplation or furtherance of a strike. In July 2023, two South African businessmen, Lemane Bridgman Sithole and Michael Maile approached the High Court in Johannesburg, on an urgent basis, seeking an interdict against news media publication, News24 and a number of named journalists. 27 July 2020. By Order of the Court, Jan 12, 2022 · RTF format. Application in terms of Section 36 (2), that is an application to rescind, with a letter of permission to rescind, may be brought in terms of Rule 55 (4). Notice of application for summary judgment. It is an order designed to 4 days ago · 29 Feb 2024 03:38 EST. What is an Ex Parte Application? “ An application brought by a litigant in which no notice (warning) of the application is given to the other party ” [See Pete, S et al Civil Procedure A Practical Guide 3 rd Edition (Oxford University Press Southern Africa (Pty) Ltd 2017) 707]. IN THE HIGH COURT OF SOUTH AFRICA. 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. 3. EFF heads to court to interdict suspension of Malema, Shivambu and others. The impugned order was made on 25 June 2019. Consequently, the Constitutional Court dismissed Mr Holomisa's and the UDM's appeal against the Gauteng High Court's order with the costs of two counsel. Jan 22, 2021 · 13. Where the right which it is sought to protect is not clear, the Court's approach in the matter of an interim interdict was lucidly laid down by INNES, J. This development highlights the tension between maintaining academic order and addressing Aug 1, 2019 · The court held that it is unnecessary to fashion a new test in order to grant an interim interdict. Jul 1, 2016 · Step three: Issue summons and/or application. Feb 17, 2021 · 6. Now, however, the test must be applied cognisant of the J793 - Form 5B Request for judgment where the defendant has consented to judgment – Section 58 of the Magistrates’ Courts Act, 1944 (Act No. GAUTENG LOCAL DIVISION, JOHANNESBURG. 07:25 am. The Harassment Act aims to address harassing behavior by means of a court order, in terms of which the harasser is prohibited from continuing with the act of harassment. Leave to appeal is granted. REPORTABLE: NO. 227. In the matter between: K2017455767 (SOUTH AFRICA) (PTY) LTD Applicant Sep 28, 2022 · The Constitutional Court ultimately concluded that the High Court was correct in granting the interim interdict in favour of the respondents and against the UDM and Mr Holomisa. What are the grounds for obtaining a final interdict in South Africa? Final interdicts in South Africa can be granted based on a violation of rights, imminent harm, or the need to prevent further harm. As a matter of convenience, the cases were set down for hearing simultaneously. The court will give you forms to complete. (i) Any person against whom a court has, in a civil case, given judgment or made any order who has not, within 10 days, satisfied in full such judgment or order may be called upon by notice in terms of section 65A(1) of the Act to appear on a specified date before the court in chambers to enable the court to enquire into the financial order granting the interdict was set aside and replaced with an order dismissing the application with costs. The Constitutional Court qualified the rights set out in section 17 in the case of South Africa Transport and Allied Workers Union and Another v Garvas and Others 4 as follows: "[68] The fact that every right must be exercised with due regard to the rights of others cannot be overemphasised. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 17255/2020 . Case Summary and Outcome. In South African law, ‘defamation’ is a delict (tort) and is defined as the unlawful and intentional publication of defamatory matter concerning another which causes reputational impairment. Hearing: 30 July 2021. 1. SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy. From the provisions of the section, it is axiomatic that the powers of the Labour Court to interdict or restrain arise only in an Oct 16, 2023 · 1. Form 1: Application for a case number. The order was an interim interdict pending an action to be instituted by the respondents. The initial purpose of the interdict is to prove that there is the clear existence of a right and then to enforce that right. [Section 65A(6) of the Act] Aug 31, 2021 · The South African Patents Court confirms the rights of a patentee in interim interdict proceedings where the patent claim includes a non-essential integer – Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP Dec 11, 2023 · The Gauteng High Court in Pretoria has interdicted the University of South Africa (Unisa) from imposing new requirements for candidates vying to become president of the convocation. To implement this part of the Constitution, Parliament enacted two statutes - the Extension of Security of Tenure Act (ESTA), in 1997, and the May 12, 2016 · 58. [2] The Applicant and Respondent were previously married to one another on 2 May 2002 and were divorced on 13 November 2015. Follow Us. In this regard, Section 31 of the Magistrates Court Act (“the Act”) sets out the process for pursuing and perfecting the landlord’s hypothec. Form 4: Notice of Application (Form 4 added by GN R961 of 11 July 1997) Form "A": Application for Judgment By Default (Consolidated Practice Directive 2010) [15] This Court has on numerous occassions held that a party that approaches this Court on an urgent basis for an interdict “at his leisure” must be denied relief. Jul 15, 2015 · South African case law and literature are unfortunately riddled with examples of unflattering references to unconstitutional governmental conduct. Because of the pending appeal, Mr [PPS] has not as yet left the home. 1 It is common cause that both applications seek the same relief and challenge the order, albeit for slightly different reasons. The Magistrate’s Court has the power to grant you a domestic protection order. The purpose of the 1965 Act is to provide for the settlement of domestic disputes by arbitration and for the enforcement of arbitral awards. A functional aspect of an automatic rental interdict is that it allows a landlord to Jul 11, 1997 · All forms are in PDF format and require Acrobat Reader to open and complete. CASE NO: 59502/2021. Mr Justice Bozalek and the Hon. The firearm can only be returned to the respondent by order of the court, and the court may add conditions. 2 (inclusive of sub-paragraphs 2. Of interest to other judges. (It will be senseless to use the long form in this event. COMMUNICATION UNION OF SOUTH AFRICA First Applicant. If the Magistrate orders the police to remove the firearm, the police will keep the firearm until the case has been finalized. The court may also order the State to keep the firearm if it is in the best interest of the victim’s safety. 2. [2] The first respondent filed a notice of opposition on 11 February 2021, on the eve of the return date of the rule nisi, and filed an answering affidavit on the morning of the hearing, 12 February 2021. with an interim interdict on 13 November 2018. M RADEBE AND 222 OTHERS Second and Further Applicants. It held that the relief sought in the circumstances fell within the "exceptional category of applications for interim relief pending ‘quasi-vindicatory’ actions". The High Court order is substituted with the following: judgment and order of Potterill J in the High Court of South Africa, Gauteng Division, Pretoria (High Court). If an applicant can establish their right before a court clearly, they may seek a final interdict, which enforces their right definitively. za. Step 2: Fill in the forms. Feb 17, 2022 · A long-standing legal position in South Africa’s construction industry is that the terms of an underlying construction contract is irrelevant to a court when deciding interdict proceedings in relation to payment under an on-demand performance guarantee. Understand the expanded jurisdiction of Children's Courts in guardianship matters, the implications for family law, and the balance between increased access to justice and systemic challenges. 1 that the other spouse had assets within the jurisdiction of the court; [8] 13. This follows an urgent application brought by former student, Simamkele Xani, who was nominated to run for president of the convocation during an election that was Nov 13, 2023 · Explore the pivotal changes brought by South Africa's Children's Amendment Act 17 of 2022. REPUBLIC OF SOUTH AFRICA. action or motion proceedings) are used to obtain relief – procedure used depends on whether a material dispute of facts exists or whether a final determination of rights is sought A clear distinction must be made between final Aug 2, 2021 · THE REPUBLIC OF SOUTH AFRICA . Details of the judgement: Sep 28, 2022 · The Constitutional Court ultimately concluded that the High Court was correct in granting the interim interdict in favour of the respondents and against the UDM and Mr Holomisa. J795 - Form 7. J121 - Form 16: Decision of court (Regulation 17) J150 - Form 20: Warrant of arrest (Regulation 22) Enquiries can be directed to your nearest Magistrate Court. the roll. 1 to 2. The interim interdict is couched in the following terms: “2. Affidavit in support of application for summary judgment. How to obtain a domestic protection order (interdict) Step 1: Go to your nearest Magistrate’s Court. Your statement will be recorded by the court and signed by you afterward. and Oct 13, 2022 · Complainant can withdraw a criminal complaint filed in the court by appearing for the Court and making a statement that he/she wishes to withdraw the complaint. More in general, one of the aims of an interim interdict is to May 17, 2022 · In this article, we discuss two recent Supreme Court of Appeal judgments that dealt with the appealability of interim interdicts. labourlawadvice. 16 - Order for Interdict Obtained ex parte That this rule operate as an interim interdict. This position may well change in the near future. Summary: Opposed application – mandament van spolie – section 31 of the IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO: 9940/06 In the matter between: JONAS DANIEL CHARLES DE BRUYN First Applicant MARGARET MARIA DE BRUYN Second Applicant and ABSA BANK LIMTED First Respondent the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the judgment debtor, director or officer and to bring him or her before a competent court to enable that court to conduct a financial inquiry. , in Setlogelo v Setlogelo, 1914 AD 221 at p. We are grateful to all the legal practitioners and court officials who help us source judgments every day. SAFLII also hosts legal materials from other countries in the region which are Mar 2, 2023 · 1. 2. It's used to compel a tenant who has defaulted on rent to either pay the overdue amount or face legal consequences, including potential eviction. It is this power that makes every superior court the master of its own process. The court will consider the evidence and the urgency of the situation before granting the interdict. If the order Apr 18, 2023 · He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice. The Southern African Legal Information Institute publishes legal information for free public access which comprises mainly of case law from South Africa. A Rule Nisi is hereby issued directing the respondents to show cause, if any, before this Honourable Court on 11 December 2018 at 09:30 or so soon thereafter as the Step 2: Fill in the forms. The date and time for hand-down is deemed to be 10H00 on 11 September 2020. Senior Digital Journalist 3 minute read. [10] The appellant now appeals to this court with the leave of the court a quo. 27 July 2021 – This judgment was handed down electronically by circulation to the parties' representatives by email, by being uploaded to the CaseLines system of the GLD and by release to SAFLII. co. In terms of the latter instance, disgrace is brought upon the Court’s moral authority. Court Interdict Halts Disruptive Activities Amid University Labour Unrest. ) Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. Firstly, the Court considered the nature and basis of the relief sought. 3) of the granted on 13 June 2021, subsequently extended on 29 July 2021, 1 September 2021 and 3 November 2021, is confirmed. APPLICATIONS IN TERMS OF SECTION 36 (2) Note that an affidavit has to be attached, in terms of Rule 55(1) and 55(4)(a). 2 The International Arbitration Act, 2017 ( 2017 Act) was aimed at consolidating and updating South Aug 21, 2020 · The parties are married in community of property. 5) and 2. The action and the application should be issued with the same case numbers. Jun 1, 2023 · Interdicts can further be classified as either final or interim. Nonetheless, such intervention should be utilised sparingly and reserved only for exceptional circumstances. 32 of 1944). “The granting of an interim interdict pending an action is an extraordinary remedy within the discretion of the Court. 1 In South Africa, domestic arbitration is regulated by the Arbitration Act 42 of 1965 (1965 Act). [2] The appeal was first enrolled for hearing on 9 December 2019. The primary purpose of an interdict is to safeguard and enforce rights. Sep 1, 2020 · Heard on:01 September 2020. Without lawful cause, making unsolicited contact, in person, telephonically or in writing, including electronically or on social On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Gauteng Division, Pretoria) the following order is made: 1. Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. Section 21 of the Superior Courts Act 13 of 2013 provides that a High Court has jurisdiction over all persons residing or being in and in relation to all causes arising within its area of jurisdiction. Form 2: Statement of case (Rule 6) Form 3: Subpoena. 3 The reason attributed for the delay in bringing this application is not reasonable as the applicants in this matter have always been well THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG. Attend on the clerk of the court for issuing of the summons and notice of motion. South Africa Ltd 2013 (1) SA 1 (CC) Para 30 it was stated thus: 'Since the rules are made for courts to facilitate the adjudication of cases, the superior courts enjoy the power to regulate their processes, taking into account the interests of justice. 3 that the other spouse had the intention to defeat the applicant’s claim or to render it hollow by dissipating or secreting assets. The first and second respondents are interdicted and restrained from: It is an enforceable court order. The central issue for decision is the inter-relation between the magistrate’s jurisdiction to grant an interdict under s 30(1) and s 29(1)(g) of the Act. The appeal succeeds and the orders of the High Court and Supreme Court of Appeal are set aside. Mr Acting Justice Sievers Hearing: 7 December 2018 Delivered: 18 February 2019 In the matter between: M J Applicant and MASTER OF THE HIGH COURT 1st Respondent 3. Dec 8, 2023 · A rental interdict summons in South Africa is a legal document issued by a court, usually at the request of a landlord. ”. Obtain the soonest possible date in order to attend on the magistrate in chambers for the ex parte application. Notice of withdrawal. There are two types of interdicts, they are interim and final interdicts. Website address: www. Jun 13, 2022 · ORDER: Paragraphs 2. See Also What Do I Need To Buy Forex In South Africa. In the matter between: INFLUENTIAL INFORMATION AND. Amidst escalating labour unrest, a recent court decision has imposed restrictions against activities threatening to disrupt university operations. The Constitutional Court of South Africa, confirming the High Court’s ruling, held that legislative provisions in the Films and Publications Amendment Act, 2009 which required publishers to submit publications containing certain categories of “sexual conduct” for examination before publication were unconstitutional. In terms of civil contempt of Court, an action of disobedience is Oct 22, 2021 · EX PARTE APPLICATIONS By Oritonda Rambuda. THAT: The costs occasioned by this application be reserved for determination on the return date. Contempt of Court applies whenever behaviour exhibits simple disregard of a Court order. A. Withdrawing is a matter of right. It is common cause that the defendant (applicant in the divorce action) resides within the area of jurisdiction of this court and that the Dec 4, 2023 · Home » News » South Africa » Courts. 1. The interim interdict is granted based on prima facie, which is “on the face of it”. Case no: JS 719/2016. Although the matters Apr 26, 2018 · This means that before you are evicted there must be a court order. Where the media is concerned, ‘defamation’ can be more narrowly defined as the unlawful, negligent publication of defamatory matter . [2] The court order is couched in the form of a rule nisi and the following orders relevant to this application, which were ordered to have immediate effect, interdict and restrain the respondent from: ‘ 2. The businessmen asked the court to prohibit the journalists from referring to them as members Chapter 16 – Interdicts and Extraordinary Proceedings Introduction An interdict is a remedy (a form of relive) and not a specific procedure Existing procedures (i. South Africa is a relatively young constitutional state and it is to be expected that the process by which suitable constitutional breach remedies are developed will be protracted and incremental. 1 (inclusive of sub-paragraphs 2. REPUBLIC OF SOUTH AFRICA No. A court must consider how the eviction will affect the people who will be evicted and evictions cannot be done without good reasons. The requirements for an interim interdict are trite and can be briefly summarized as follows: a prima facie right even though open to some doubt; a well-grounded apprehension of irreparable harm if the interim relief is not granted; that the balance of convenience favours the granting of an Mar 6, 2023 · Requirements for an interim interdict to withhold payment of a member’s benefit – the Hansen case. Interdict Requirements In South Africa. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 15699/2017 Before the Hon. 13. The reason was that the order of the Gauteng Division of the High Court, Pretoria (the high court) against which the appeal lay, was not appealable, notwithstanding leave to appeal having been granted by the high court. 7 In Pikoli v President and Others 2010 (1) SA 400 (GNP) the High Court presciently encapsulated the principle and the rationale for interim relief where constitutional provisions are at stake: “The requirements for an interim interdict are well established . The Apr 25, 2022 · Simon Eeman/Alamy. By Nicolene Erasmus (Director, Labour Guide) 2023/06 Discipline is widely accepted as an employer function, and the Labour Court will only intervene in Civil Law. Nov 10, 2015 · A few days into the protests that swept South Africa’s campuses during October, Applicants most often get an interdict by going to court on an urgent basis. Dec 28, 2021 · 28 December 2021: Today the Grahamstown High Court in Makhanda ordered Shell to immediately cease its seismic blasting along South Africa’s Wild Coast, while ordering Shell and the Minister of Mineral Resources and Energy to pay the costs of the application for the interim interdict. By Faizel Patel. Delivered: 11 September 2020 - This judgment was handed down electronically by circulation to the parties' representatives by email, by being uploaded to the CaseLines system of the GLD and by release to SAFLII. Interim Interdict Requirements In South Africa. The Eskom Holdings Soc Limited v Lekwa Ratepayers Association NPC and Others; Eskom Holdings Soc Ltd v Vaal River Development Association (Pty) Ltd and others (870/20) [2022] ZASCA 10 (21 January 2022) (Eskom) and the RTS Industries and 4 Others v Technical Systems Aug 8, 2023 · Facts. dt ak em rn og cl zn df ui ko