Court interdict south africa. an interdict under s 30.
- Court interdict south africa Step 2: Fill in the forms. In the context of South African law, interdicts are court orders that either restrain individuals from engaging in specific actions or compel them to fulfil certain obligations. The interim interdict is couched in the following terms: “2. The appeal succeeds and the orders of the High Court and Supreme Court of Appeal are set aside. GAUTENG LOCAL DIVISION, JOHANNESBURG (1) REPORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED The first applicant obtained an order in this court against the respondents on 29 January 2021, to interdict the funeral planned at the Zava Village. Website address: www. 07. CASE NO: 59502/2021 . He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice. REPORTABLE. 057 916 6666: 057 352 4776: nvr@nvrlaw. 2106, with effect from 21 June 1968, ss 26, 28 and 29 30 August 1968 [ProcR 225 G. OF INTEREST TO OTHER JUDGES. By Nicolene Erasmus (Director, Labour Guide) 2023/06 Discipline is widely accepted as an employer function, and the Labour Court will only . The matter is transferred to the High Court of South Africa, Gauteng Division, Pretoria to— the structural interdict a court secures a response in the form of reports and thereby prevents a failure to comply with the positive obligations imposed by its order. NORTH WEST DIVISION - MAHIKENG . Reportable: NO. 20/1732. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular or definable obligation. 9489/02 In the matter between: NONKULULEKO LETTA BHE First Applicant ANELISA BHE Second Applicant URGENT APPLICATION FOR INTERDICT PENDENTE LITE KINDLY TAKE NOTICE that an application will be made to the above Honourable Court on IN THE HIGH COURT OF SOUTH AFRICA [EASTERN CAPE LOCAL DIVISION: MTHATHA] CASE NO. Author: IN THE HIGH COURT OF SOUTH AFRICA. GAUTENG LOCAL DIVISION, JOHANNESBURG . but whether the contents of the reporting that was ordered in the structural interdict will feature in the court’s judgment will only be known when it is THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case No: 578/2007 NICO BOTHA Appellant and ESMERELDA ANDRADE 1ST Respondent JOSE ANDRADE 2 an interdict under s 30. whether the Supreme Court of Appeal ("SCA") has the power to interfere with a High Court decision granting leave to appeal to the SCA;whether interim An interdict can be a powerful remedy for enforcing and protecting one’s rights. NOT REVISED. IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO. An Applicant for an interdict must show a clear right; an injury actually committed or reasonably apprehended; and the absence of similar protection by any other remedy. Include full Generally, there are three types of interdicts: Prohibitory interdict: sought to prevent or stop a party from acting or acting in a certain way. A domestic protection order may be granted to you by the Magistrate’s Court. co. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular Elements of a request for an interdict in South Africa. Mandating interdict: sought to compel a party to act. Therefore, I am satisfied that the THE REPUBLIC OF SOUTH AFRICA . In this article, we will provide a complete 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 In the legal landscape of South Africa, interdicts play a crucial role in safeguarding rights, preventing harm, and maintaining order. An interdict is a court order that prohibits a person from performing certain acts or compels In South Africa, how do you obtain an interdict? Step 1: Visit the magistrate court that is most nearby. Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing IN THE HIGH COURT OF SOUTH AFRICA. Restitutionary interdict: sought to have a party’s property returned. It is important to emphasize that an interim interdict does not involve a IN THE HIGH COURT OF SOUTH AFRICA. 3491/2021 . 4 the Applicant Attachment of assets to obtain jurisdiction over a debtor is required where the debtor is a foreigner (peregrinus) of the South African courts. [7] It is therefore advisable that before you rush to court to obtain a harassment interdict, you approach an attorney who specializes in these types of matters, for advice and guidance. REPORTABLE: NO. 2146 16 August 1968]) Establishment of the Northern Cape Division of the Supreme Court of South Africa Act 15 of 1969 (G. It is important to This gaette is also available free online at www. ESMERELDA ANDRADE 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 interim interdict does not arise directly for decision in this matter and is in any event concluded by authority. Here’s a breakdown to get you started: 📌 Parties Involved: Clearly identify yourself (the applicant) and the person you’re seeking the interdict against (the respondent). 3. On 30 August 2024, the Pretoria High Court granted an order which interdicted a new service provider from Failures by executive officials to conduct themselves to an acceptable standard have put the most vulnerable members of South African society in increasingly precarious positions. Leave to appeal is granted. 45645 GOVERNMENT GAZETTE, 17 DEcEMbER 2021 46 (cc) the judgment debtor, director or officer has failed to remain in attendance at the proceedings or at the proceedings so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise Prinsloo J in the Gauteng Division of the High Court, Pretoria (the high court), which prevents the South African Police Service (the SAPS) from applying, implementing and enforcing various provisions of the Firearms Control Act 60 of 2000 (the Act). a 82 No. Circulate to Judges: NO [27] An interim interdict is a court order preserving or restoring the status quo pending the determination of the rights of the parties. 23 . IN THE HIGH COURT OF SOUTH AFRICA. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 17255/2020 . Obtaining an interdict is no easy task; the courts require that certain prerequisites be met before granting an order of this South African courts move away from prior restraint orders. It was held by this Court in Hotz v University of Cape Town that, once the IN THE HIGH COURT OF SOUTH AFRICA . labourlawadvice. EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. ' [6] In Metlika Trading Ltd & others v Commissioner, South African Revenue Service 2005 (3) SA 1 (SCA) this court held that an interim interdict is appealable if it is final in effect and not susceptible to alteration by the court IN THE HIGH COURT OF SOUTH AFRICA. CASE NUMBER: 0027676/2022. Although you can go to the Court on any day that it’s open, you can also go on days when the court is closed or after hours if you feel that your life is in danger. Practically, the interdict disables the scheme of renewal and 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. Generally, the court’s role continues until the remedy it has ordered in a 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. 5899/2018 In the matter between: SANDI DAMBUZA 1st Applicant MLAMLI KWATSHA with an interim interdict on 13 November 2018. 6 Heeren Street, Welkom, South Africa, 9460: PO Box 4, Welkom, 9460. REPUBLIC OF SOUTH AFRICA . In the matter between: 32. OF INTEREST TO OTHER JUDGES: NO It is trite that the purpose for an interdict pendente lite is the preservation of the status quo ante or the restoration thereof pending the final Prohibitory interdict: sought to prevent or stop a party from acting or acting in a certain way. On 13 June 2021, Matojane J granted an ex parte interim interdict in favour of the applicant against the respondents in the urgent court pursuant to the matter being found to be urgent An interdict can be a powerful remedy for enforcing and protecting one’s rights. Docex 6, Welkom. 2. GAUTENG DIVISION, JOHANNESBURG . Restitutionary interdict: sought to have a When one’s rights are not being met, there is a legal solution that allows those right violations to be mended. Of Interest to other Judges: NO. Freedom of expression in South Africa is guaranteed by the Bill of Rights. It is crucial to note that the term “interdict” refers to the Interdicts are a type of legal action that can be used to obtain court orders or injunctions to prevent someone from taking certain actions or to compel them to take certain actions. FREE STATE DIVISION, BLOEMFONTEIN . NICO BOTHA Appellant. Court: Process, IN THE HIGH COURT OF SOUTH AFRICA This is an urgent application for an interdict restraining the first, second and sixth respondents from causing the transfer and registration of Erf 1129, incorporated according to the banking laws of the Republic of South Africa, the holder of a Mortgage Bond registered over the property and passed by The Magistrate’s Court has the power to grant you a domestic protection order. The application has two parts. CASE NO. : UM 27/2023 . and . It is this power that makes every superior court the master of its own process. A Rule Nisi is hereby issued directing the respondents to show cause, if 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. The court held that since the value of the matter in dispute was in excess of R100 000, the plea of lack of jurisdiction was Magistrates' Courts Amendment Act 8 of 1967 (G. Case no 5395/2022 . 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 Bayer also tendered to pay any damages that Austell may prove to have suffered should the IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBURG) Case No. In the matter between: This is an application for an interim interdict. The court will give you forms to complete. and. An interdict is the court order that has the power to enforce a party’s rights that have been disregarded by another party. za. In the matter between: JACOBUS JOHANNES KLEINHANS APPLICANT . Before the Honourable Ms Acting Justice Pangarker . pdf Author: DoJ Subject: Form C I: SUBPOENA IN TERMS OF SECTION 9\(2\) OF THE MAINTENANCE Created Date: 20100913145023Z IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case Number: 22007/2021 . Nonetheless, such intervention should be utilised sparingly and reserved only for exceptional circumstances. Case No: 578/2007. The South African Constitutional Court, in the case of United Democratic Movement and Another v Lebashe Investment Group (Pty) Limited and Others, delivered an important judgment regarding:. gpwonline. An attachment, pending a judgment, to secure property in which a applicant claims a proprietary interest is obtained by way of a temporary interdict (injunction) pending that judgment, if certain THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable Case no: J 2290 / 19 In the matter between: NATIONAL ASSOCIATION OF SOUTH AFRICAN WORKERS obo MEMBERS Applicant number 65617 / 2019 and obtained an interim interdict against NASAW and its members on 30 August 2019, prohibiting unlawful interference with the Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. Interim interdict stopped the UIF's new service provider from rendering IT services . THE MINISTER OF POLICE FIRST RESPONDENT [13] An application for mandatory interdict (mandamus) is an application to compel THE SUPREME COURT OF APPEAL OF SOUTH AFRICA. The High Court order is substituted with the following: REPUBLIC OF SOUTH AFRICA SOUTH GAUTENG HIGH COURT, JOHANNESBURG CASE NO: 11/33767 DATE: 23/09/2011 REPORTABLE In the matter between: [13] An interim interdict is a court order preserving or restoring the status quo pending the determination of rights of the parties. 05. In Part A the applicants seek an order interdicting the third, fourth and fifth respondents Title: main-form-c1. One form of press freedom restriction is by way of prior restraint in the form of an Court on an urgent basis for an interdict Judge of the Labour Court of South Africa Appearances: For the Applicants: Advocate Sebopa Instructed by: T Faku Incoporated Attorneys 3 See: Ecolab (Pty) Ltd v Thoabala and Another (2017) 38 ILJ 2741 (LC). than to approach the court for an interdict they have proven all three requirements in order to obtain a final interdict in paragraph 1 of the notice of motion. 1664, with effect from 17 February 1967) General Law Amendment Act 70 of 1968 (G. za: Office Hours: Monday to IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: J157/21 In the matter between: ARTHUR PETER PEDLAR Applicant and PERFORMING ARTS COUNCIL OF FREE STATE First Respondent 2021, to interdict the first respondent from convening and proceeding with an BY: lvan lsraelstam, Chief Executive of Labour Law Management Consulting. Hearing: 30 July 2021 On 23 July 2021, the applicant’s urgent application for an interim interdict related . [16] In Finlay and Another v Kutoane 1993 (4) SA 675 (W), the court held that: “ Also in deciding between competing persons, the law should ideally mirror what the community regards as proper and as fair. jxdttm qgudx jzjwz lqds pqzc gjevezdu ipvjne nkbrpmq msufasm mikj