Court interdict south africa. REPUBLIC OF SOUTH AFRICA .
- Court interdict south africa Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing CONSTITUTIONAL COURT OF SOUTH AFRICA Cases CCT 232/19 and CCT 233/19 Case CCT 232/19 In the matter between: ECONOMIC FREEDOM FIGHTERS Applicant The High Court granted an interim interdict, pending the finalisation of the review of that report. [43] A more deplorable approach, Freedom of expression in South Africa is guaranteed by the Bill of Rights. The court will give you forms to complete. MASHONA WENT DLAMINI Second Applicant . JUDGMENT Reportable. NTSINDISO NONGCAVU Fourth Applicant . Introduction. The Public Protector issued another report on 5 July 2019. a 82 No. co. RESPONDENT . IN THE HIGH COURT OF SOUTH AFRICA. FREE STATE DIVISION, BLOEMFONTEIN . Leave to appeal is granted. The appeal against the order of the Supreme Court of Appeal striking the appeal from the roll is upheld. Page 2 1 NATURE OF THE PROCEEDINGS: This is an application for leave to appeal against an interim interdict granted by the North Gauteng High Court on 28 April 2012 BY: lvan lsraelstam, Chief Executive of Labour Law Management Consulting. CASE NO. On 9 October, Judge Robin Mossop of the Durban High Court issued an interdict to stop the agreement from taking effect in response to a legal challenge from the losing bidder, APM Terminals. 2106, with effect from 21 June 1968, ss 26, 28 and 29 30 August 1968 [ProcR 225 G. 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). In the matter between: THE SHERIFF AFRICAN BOARD OF SHERIFF: The Applicant is the South African Board of Sheriffs a statutory body REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA ( 1) REPORT ABLE: NO (2) OF INTEREST TO OTHER JUDGES: YES (3) REVISED: NO 1 4 October 2022 [48] In granting an interdict, the court must exercise its discretion judicially upon consideration of all the facts and circumstances. There is no set formula for obtaining an anti-dissipation order known as a Mareva interdict but the foundation for the interdict must IN THE HIGH COURT OF SOUTH AFRICA, GAUTENG DIVISION, JOHANNESBURG CASE NO: 2023 - 102660 In the matter between THE HOUSE OF TANDOOR ENTERTAINMENT First Applicant ESTATE OF THE LATE ERIC MNTUVEDWA MPOBOLA Second Applicant MOKHEMA, MAHLOKO SIMON Third Applicant MOKHEMA, GLORIA DINAH Fourth interdict to prevent the publication of false or defamatory claims made against it in relation to its management of Strandfontein. 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. GAUTENG DIVISION, PRETORIA. [1] Minya v South Can I obtain an interdict against them and what risks are involved when obtaining such an It is therefore advisable that before you rush to court to obtain a harassment interdict, South Africa, 9460: PO Box 4, Welkom, 9460. 20/1732. Please note that southafricanlawyer. Court stated: “The courts do not interdict future defamation in broad terms. Its obligation is to meet those criticisms through publishing its own press releases and reports. This court must decide the dispute in accordance with the requirements relevant to the grant of anti remedy within the discretion of the Court. GAUTENG DIVISION, PRETORIA . 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 requirements are met. za is a common law trade mark in South Africa; South Africa: Possible changes in how courts approach interdict proceedings over construction performance guarantees. 057 916 6666: 057 352 4776: nvr@nvrlaw. 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 . In the matter between: Yet inexplicably and for no clear reason the union opposed the application before the Labour Court to interdict its members in such entities from continuing to strike. In any event, there is no merit to such a suggestion that it will render the review moot. ' [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. 17 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 be correct, and would result in the magistrates’ court exercising parallel jurisdiction with the high court, a consequence which could never have been contemplated by the legislature. OF INTEREST TO OTHER JUDGES: NO . Applicant . Case no: JA19/2023 . The 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 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. APPLICANT . [36] As an adjoining landowner whose rights were adversely affected by the unlawful construction of the building, Readam South Africa (Pty) Ltd (Readam) approached the court below for a common law remedy, as it was entitled to See, for instance, the report entitled Assessment of the Impact of Decisions in the Constitutional Court and Supreme Court of Appeal on the Transformation of Society prepared for the Department of Justice and Constitutional Development published in November 2015, where the following suggestion was recorded at page 17: ”Given the realities of service delivery failures, In the case of Pitso and Others v Chabeli Molatoli Attorneys Incorporated, the Supreme Court of Appeal ("the SCA") held that attorneys cannot interdict their clients from terminating their mandate. The review can still continue, and the Court hearing the review is The old proverb “the wheels of justice turn slowly” is unfortunately well known in the South African context with it often taking two to three years to get a matter to trial in our high courts. The Mareva injunction not a remedy fully available in our law, although it is akin to our interdict remedy. 368/2023 It will then have to seek relief from the court, for example by way of a mandament van spolie, an ordinary interdict, or pursue a remedy under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 THE SOUTH AFRICAN POLICE SERVICES Third Respondent Date heard: approached this Court for an urgent interdict on 18 October 2018. 98% of African leopard trophies exported from South Africa were wild source, while 2% were bred in captivity. REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case No: J 2170/11 Labour Court has jurisdiction to interdict any unfair conduct including disciplinary action. Delivered: 26 July 2022 Summary: Return day – final order seeking to interdict “nothing”. 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. IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO. 3. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Case No: 2611/2022. pdf Author: DoJ Subject: Form C I: SUBPOENA IN TERMS OF SECTION 9\(2\) OF THE MAINTENANCE Created Date: 20100913145023Z IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, JOHANNESBURG . South African law recognises an interdict sui generis for matters of this nature. He should draw his papers and obtain his order. 6 Norms and principles for the structural interdict 6. In the matter between: This is an application for an interim interdict. No. In that application, the Court South Africa v Minister of Local Government, Eastern Cape, and Others 1996(2) SA 898) ; Erasmus, Superior Court Practice at B1-38 Mr Tulleken, in the Founding Affidavit at Paragraph [1] states the following; ‘I am the Chairman of the first applicant, and duly authorised to represent it in these proceedings and to depose to this affidavit. CASE NO: 30169/2021 . IN THE LABOUR COURT OF SOUTH AFRICA . Attachment of assets to obtain jurisdiction over a debtor is required where the debtor is a foreigner (peregrinus) of the South African courts. Chapter 16 – Interdicts and Extraordinary Proceedings Introduction An interdict is a remedy (a form of relive) and not a specific procedure Existing procedures (i. 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. CASE NO: 29378/2017. JUDGMENT DELIVERED ELECTRONICALLY ON Analysis - Nosiviwe Mapisa-Nqakula, the National Assembly speaker on special leave, has filed court papers to interdict the National Director of Public Prosecution Shamila Batohi, Police Minister On 6 May 2022, the Constitutional Court handed down judgment in the matter of Solidarity obo Members v Barloworld Equipment Southern Africa and Others (CCT 102/21) [2022] ZACC 15. The respondents were interdicted from: blocking or MK Parliamentary Leader Hlophe Seeks Court Interdict Against JSC, Claims Process Unconstitutional. 6. : UM 27/2023 . GAUTENG LOCAL DIVISION, JOHANNESBURG . NORTH WEST DIVISION - MAHIKENG . IN THE HIGH COURT OF SOUTH AFRICA . 623/2022 DR BEYERS NAUDE LOCAL MUNICIPALITY Applicant and HERO TELECOMS (PTY) LIMITED First Respondent (registration number 2013/014376/07) HELMUT GREWAR NEL Second Respondent BASIE COETZEE Third Respondent LUCIAN In the case of Pitso and Others v Chabeli Molatoli Attorneys Incorporated, the Supreme Court of Appeal ("the SCA") held that attorneys cannot interdict their clients from terminating their mandate. Alternatively, the 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. The ruling follows a challenge to the National Assembly’s appointment of Dr. Read more on these topics Editor’s Choice Murder Rape Senzo Mchunu South African Police Service (SAPS IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO: 7067/07 In the matter between: YORK INTERNATIONAL (SA) INC Applicant and THE MINISTER OF [12] It is trite that to succeed in an application for an interim interdict, the applicant must establish a prima facie right, even if open to some doubt. The order was made South African Football Association president Danny Jordaan has been granted bail of R20 000 following his arrest on charges of fraud and theft amounting to R1. By meeting the legal requirements, following the proper process and obtaining legal advice from a family law attorney, parents can increase their chances of success. REVISED. Jordaan and Hluyo approached the Gauteng High Court in Johannesburg for In Mokoena v Merafong City Local Municipality & Another [2020] JOL 48399 (LC), this Court, per Tlhotlhalemaje, J, found, on the final relief sought by the applicant on an urgent basis to interdict the disciplinary hearing and to have the hearing commence de novo, that the applicant had failed to satisfy the requirements of a final interdict. In this article, we will provide a complete In the legal landscape of South Africa, interdicts play a crucial role in safeguarding rights, preventing harm, and maintaining order. An interdict is an order which a court uses to protect someone’s rights from the threat of unlawful interference or actual interference. 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 Prohibitory interdict: sought to prevent or stop a party from acting or acting in a certain way. Prior to the passing of the deceased, Mr Pisto ("the deceased") on 15 November 2021, legal advice was sought from Molatoli Attorneys. Restitutionary interdict: sought to have a party’s property returned. 2 A final interdict prohibiting first respondent from operating a commercial sawmill on the farm and from using the buildings for the sawmill. The test was postulated as follows: “In an application for a temporary interdict, IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) CASE NO: 34421/2012. 47% of the total were exported to the United States. TIP: This a stern warning to employees and their legal representatives that they proceed at their peril to the labour court for an urgent interdict to stop an enquiry if they can’t show genuinely exceptional circumstances. On 15 March 2017, the community representatives came to the High Court of South Africa, Limpopo Division, in Polokwane to argue that the interdict not be made final. 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. In the matter between: SUSTAINING THE WILD COAST NPC First Applicant . Our team of lawyers, including REPUBLIC OF SOUTH AFRICA. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, JOHANNESBURG) CASE NO: 40441/21 In the matter between: FORUM DE MONITORIA DO ORCAMENTO Applicant and In Webster vs Mitchell,1 the Court enumerated the test for interim interdict. CASE NO: 63778/2021. As an urgent application is effectively a way of ‘jumping the queue', The courts in South Africa have consistently affirmed the importance of the right to strike. However such an intervention should be exercised in THE SUPREME COURT OF APPEAL OF SOUTH AFRICA. 25 13 [2022] ZASCA 26, para 57. NICO BOTHA Appellant. 6. The right to freedom ofexpression is fundamental IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO: 38/12 In the matter between: NATIONAL SOUTH AFRICAN NATIONAL CONSUMER UNION Fourth WRITTEN ARGUMENT . . 2 An application to interdict a seismic survey off the Wild Coast, following millions of dollars of expenditure, 10 Swissborough Diamond Mines (Pty) Ltd v Government of the Republic of South Africa 1999 (2) SA 279 (T) at 324 . Courts exist to resolve concrete disputes The Magistrate’s Court has the power to grant you a domestic protection order. In the matter between: JACOBUS JOHANNES KLEINHANS APPLICANT . In the matter between: A , his wife, in which he sought, amongst other things, an anti-dissipation order to interdict the respondent from utilising the proceeds from the sale of her immovable property the urgent court, for an interdict to stop a similar ITA auction from Communications Authority of South Africa and Others; Cell C (Pty) Ltd v Acting Chair, Independent Communications Authority of South Africa and Others and Others (2016/59722, 2016/68096) [2016] ZAGPPHC 883 (30 September 2016), para 4. and. 2 Participation order of the High Court of South Africa, Gauteng Division, Pretoria (High Court). GAUTENG LOCAL DIVISION This is an application in terms of which the applicant seeks inter alia, to interdict and restrain the respondents from utilising or disclosing to other respondents the applicant’s confidential information as well as for an order for the In South Africa, these disputes can range from noise complaints to boundary issues. The Magistrate’s Court has the power to grant you a domestic protection order. On 30 August 2024, the Pretoria High Court granted an order which interdicted a new service provider from THE REPUBLIC OF SOUTH AFRICA . THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No: 296/2020 & 226/2021 In the matter between: MULTICHOICE SUPPORT SERVICES (PTY) LTD APPELLANT contracting party applying for interdict to stop cancellation pending judicial review of decision to cancel – interdict granted – cancellation of contract not 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 and KINGS HIRE CC Respondent Heard: 26 November 2019 Delivered: 29 November 2019 Summary: Application for interdict – principles considered – applicant failing This, the court explained, was because "the OUTA test is flexible enough to take into account the constitutional role of the Public Protector and it is evident that the OUTA test cautions courts not to lightly grant interim orders – especially because of the separation of powers consideration', and because the High Court ' specifically took into account whether the interim IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE NO. South African municipalities are entrusted to perform a range of functions assigned to them by the Constitution of the Republic of South Africa 1996 (the Constitution), a suite of framework legislation Footnote 1 and sector-specific legislation, for the benefit of their communities. This court is satisfied that in this instance the Applicants had no other remedy than to approach the court a quo for an interdict as they did. REVISED: NO. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, JOHANNESBURG) CASE NUMBER: 062027-2022. 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. REPORTABLE: NO . JUDGMENT . An interdict is meant to prevent future conduct and not decisions already made. CASE NO: 075024/2023 . SOUTH AFRICAN NATIONAL ROAD AGENCY SOC LTD . Norton Rose Fulbright South Africa, representing Corruption Watch, has successfully secured a significant High Court interdict barring Dr. JUDGMENT Molahlehi J Introduction [1] This is an urgent application in terms of which the applicants, inter alia, seek an REPUBLIC OF SOUTH AFRICA . The High Court order is substituted with the following: IN THE HIGH COURT OF SOUTH AFRICA . IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBURG) Case No: 35870/2021 In the matter between: GIBB (PTY) LTD Applicant and PASSENGER RAIL AGENCY OF SOUTH AFRICA First Respondent GLAD AFRICA GROUP (PTY) LTD Second Respondent JUDGMENT WILSON AJ: 1 The applicant (“Gibb”) seeks interim relief restraining 58. This includes, inter alia, freedom of speech, access to information, and, importantly, media freedom. 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. 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 When one’s rights are not being met, there is a legal solution that allows those right violations to be mended. 1,337 African elephant trophies, or 268 per year on average, virtually all wild sourced. the Labour Court has jurisdiction to interdict any unfair conduct including disciplinary action. "'this artide then, is not for him. Docex 6, Welkom. It is this power that makes every superior court the master of its own process. Section 16(1)(a) of the Superior Courts Act 10 of 2013 ORDER On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Gauteng Division, Pretoria): 1. The Western Cape High Court has recognised that were the courts to adopt the approach evidenced in the Coalcor case, applications to interdict building works would typically not succeed until and unless the building-plan approval was set aside, as the conduct of the respondent (in the form of the ongoing building works) could not be characterised as unlawful. This case raises critical issues surrounding the jurisdiction of foreign courts and the principles governing the Moreover, South African courts have drawn attention to the impact of service delivery failures and described their catastrophic and devastating effects on communities and their local economies. 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 Lawtons Africa is a South African law firm. 30 Effectively, in REPUBLIC OF SOUTH AFRICA . 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. GAUTENG LOCAL DIVISION, JOHANNESBURG. Date: 30 April 2014. versus. He must be afforded an opportunity to present Introduction: In the recent case of Nkwe Platinum Limited v Genorah Resources (Pty) Ltd and Others, the South African High Court in Pretoria grappled with the question of enforcing a Bermudan court’s interdict against a South African company. Step 2: Fill in the forms. October 4, 2024 iAfrica stands as one of South Africa's most enduring portals. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG . CASE NO: J1745/2010 . the la~yef who sees in the dissipation of assets the smack of a legal wrong, the answer i~ obvi'o'ns. [1] This is an urgent application for an interdict restraining the first, second and sixth respondents from causing the transfer and registration of Erf 1129, Blue Downs into the names of the third Elements of a request for an interdict in South Africa. The order will remain in place until the former owners and management of Tekkie Town have made their case for the cancellation Coram: Henney and Rogers JJ and Martin AJ Heard: 21 August 2020. She does not seek interim relief in the form of a rule nisi or, indeed, in the form of interim relief pending the referral of an unfair labour practice dispute to Press Release - The Democratic Alliance (DA) welcomes the judgment by the Gauteng High Court this morning which has interdicted the Economic Freedom Fighters (EFF) from violating the rights of IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Case No A20/11. Hearing: 30 July 2021 On 23 July 2021, the applicant’s urgent application for an interim interdict related . The businessmen asked the court to prohibit the journalists from referring to them as members of 9. IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH Not Reportable CASE NO: P 30/21 In the matter between: interdict and a mandamus by Lallie J on 19 March 2021. Case no 5395/2022 . Case No: J 1709/2016 In the matter between: ELAINE BETHAPE . Mandating interdict: sought to compel a party to act. DATE The applicant has elected to invoke the remedy provided by the anti-dissipation interdict. The return day for the rule nisi was 22 April 2021. It is impossible to prevent a respondent in broad and general terms from defaming an applicant in the future. 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 THE SUPREME COURT OF APPEAL OF SOUTH AFRICA. 16 That the application concerns South Africa‟s obligations at two levels, namely South Africa‟s compliance with its international treaty obligations under the Rome Statute of the International Criminal Court and South Africa‟s domestic statutory obligations under the Domestic ICC Act as well as the Constitution27; South Africa: Court Ruling On Asylum interdict granted by the Western Cape High Court that prohibits Home Affairs officials from deporting any foreign national who has indicated their As strike season approaches, a recent decision handed down by South Africa's Constitutional Court shows why it's important for employers to identify (as far as possible) specific employees who engage in violent or destructive strike action when looking to IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2023-097427, 2023-097292, 2023-097111, 2023-097076, 2023-100081, and 2023-100526 (3) In the matter between: The applicants initiated this The South African Constitutional Court has handed down a number of prominent decisions in socio-economic rights cases. REPORTABLE: YES. We have before us an application for an interim interdict, tender an apology to the residentP , the House, and the people of South Africa and should be suspendedfrom the House for a period of 10 days from 6 to 16 February 2024. An interdict is sought by way of an application or motion proceedings. 3 million. DWESA-CWEBE COMMUNAL PROPERTY ASSOCIATION Third Applicant . DATE OF HEARING: 12 It is also by virtue of its inherent power that the Court interferes to restrain illegalities in inferior courts either by way of interdict or mandamus or by declaratory order, as it has on occasion done (see South Africa: North West High Court, Mafikeng You are here: SAFLII >> Databases >> South Africa: North West High Court, Mafikeng The applicant sought an interim interdict on an ex parte basis and having heard Mr Ndungu for the applicant and having read the papers filed of record, 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 An urgent interdict can be an effective legal remedy for parents seeking access to their child in South Africa. Costs should be awarded according to the dictates of the law and fairness. 574 African leopard trophies, or 115 per year on average. Delivered: 2 September 2020 JUDGMENT. The relief sought: requirements for a final interdict [6] The applicant has framed her claim in the form of a final interdict. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice. gpwonline. Movement of South Africa and Others [2019] ZACC 10 Coram: Mogoeng CJ, Basson AJ, Cameron J, Dlodlo AJ, Froneman J, They have brought a counter-application asking this Court to lift the interdict and grant an order, as set out in their counter-application, dealing with the IN THE HIGH COURT OF SOUTH AFRICA [WESTERN CAPE DIVISION, CAPE TOWN] Case no:23230/23. . Hlophe, previously removed by the National Assembly as a A Mareva Interdict Mark stranex Johannesburg Bar Can yeh prevent someone, against whom you anticipate you wilL obtain a judgment, from dissipating ~,is as~~ts? ,ror. Even if, however, the Court is minded to recognise the City’s standing, the Court should THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: J 3394/17 In the matter between: ITE EVENTS SOUTH AFRICA (PTY) LTD Applicant and AMANDA KILIAN others, to interdict them from continuing employment with a competitor, the third respondent. 1 Utilisation as a remedy of last resort in graduated manner 6. In the matter between: Usually a structural interdict directs a respondent to rectify a breach of fundamental rights under the supervision of the court. The application has two parts. Rogers J (Henney J and Martin AJ concurring) [1] The appellant, Mr [PPS], appeals against an order forbidding him from entering the residence he shares with the respondent, Mrs [TLS]. CASE NO: 59502/2021 . The High Court order is substituted with the following: An interdict can be a powerful remedy for enforcing and protecting one’s rights. Include full [42] In order successfully to protect a contingent right by way of an interdict pendente lite, the applicant must prove that: (a) the respondent has assets within the In a unanimous judgment handed down on 1 March 2022, the apex Court held that an employer is entitled to interdictory relief for actual or threatened conduct during a protected strike only if it 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 LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: J334/22 In the matter between: THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY Applicant A” Second Respondent Heard: 21 July 2022. The appeal succeeds and the orders of the High Court and Supreme Court of Appeal are set aside. In the matter between: 2. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 17255/2020 . 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 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. If the problem persists, seeking a court interdict or noise abatement order may be necessary. Therefore, I am satisfied that the interim interdict does not arise directly for decision in this matter and is in any event concluded by authority. 16/3/2022 . [6] By consent between the parties, a rule nisi was issued on 19 October 2018 by Moshoana J, pending a return date of 13 December 2018. and . za. 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 REPUBLIC OF SOUTH AFRICA. Understanding the legal avenues available can help in resolving these matters amicably and lawfully. Include full names and addresses. 1664, with effect from 17 February 1967) General Law Amendment Act 70 of 1968 (G. Request for an interdict Elements of a request for an interdict in South Africa. Interdicts can be: prohibitory: stopping someone from doing something; IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CCT Case Number: CCT232/19 High Court Case Number: 48521/19 In the matter between: THE ECONOMIC FREEDOM FIGHTERS Applicant appeal, directly and urgently, to this Court against the interim interdict granted by the North Gauteng High Court (per Poterill J). In the current matter, a quote from the matter South Africa Police Union and Another v South African Police Service and Others [11] is quite apposite: Magistrates' Courts Amendment Act 8 of 1967 (G. He made urgent application to the High Court to interdict his deportation until his status was determined and for orders that he was that his detention was unlawful, that he had a right to remain in South Africa for 14 days in order to approach an RRO and that he should be immediately released. The parties are married in community of property. The right to protest in South Africa is being eroded by the increasing use of interdicts, especially by mining companies. It is important to emphasize that an interim interdict does not involve a Interim interdict stopped the UIF's new service provider from rendering IT services . Reportable: NO. JUDGMENT DU PLESSIS AJ [1] This is an application for an interim In Halewood International South Africa (Pty) Ltd v Van Zyl and Another at par. GAUTENG DIVISION, JOHANNESBURG . Nonetheless, such intervention should be utilised sparingly and reserved only for exceptional circumstances. 5988/2006 In the matter between: By the time the matter was argued it was accepted that any interdict which might issue should be granted against only the first respondent, to whom, for convenience, A high court has found that Transnet's approach to identifying International Container Terminal Services Incorporated as the preferred bidder for the tender to manage the Durban Container Terminal Constitutional Court website and release to SAFLII. Background. It was held by this Court in Hotz v University of Cape Town that, once the IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case Number: 22007/2021 . With roots that grew out of seeds sown in down-town Johannesburg in 1892, our history features various changes and different names. In the matter between: DIANE an interdict to restrain the second respondent from 'conducting any business from the second respondent's premises in a manner that constitutes a nuisance and/or disturbing the appellants' right to free and Last week an order was made by the Western Cape High Court interdicting Steinhoff to preserve its control over Pepkor and also from trading in the shares of Tekkie Town, or using the business of Tekkie Town as any form of collateral. In the matter between: OMRI YEDID LEVI First Applicant. The date and time for hand-down is deemed to be 12h00 on 22 October 2021 Summary: South African Police Service Act 68 of 1995 — constitutionality of section 13(7)(c) — order of constitutional invalidity confirmed — right to privacy — constitutional damages — interdict ORDER That relief generally takes the form of an interim interdict which must be applied for urgently. In Part A the applicants seek an order interdicting the third, fourth and fifth respondents IN THE HIGH COURT OF SOUTH AFRICA. During the process of registering a property, every Deeds Office in the country will undertake an interdict search against that property, as well as the buyer and seller. The case is an important one, in which the Court settles various issues in relation to applications instituted in the context of a large-scale retrenchment exercise, in terms of section 189A(13) of IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION – PORT ELIZABETH Case No: 2842/14 3449/14 3450/14 In the matter between: JACQUES GOUWS Applicant and CRAIG TODD DE LANGE Respondent CAREL DU PREEZ Respondent JUDGMENT REVELAS J [1] The applicant made application to this court for an interdict against REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE Number: 018324/2022 ( l) REPORT ABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: NO 2022 NOVEMBER 16 In the matters between: - ZAHEER CASSIM NO First Applicant THEA CHRISTINA LOURENS NO Second Applicant PDA to interdict the disciplinary hearing. HELD AT 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 This gaette is also available free online at www. Simply put, an interdict is a court order that forbids an action (prohibitory) or restrains individuals unless they fulfil certain obligations (mandating), or IN THE HIGH COURT OF SOUTH AFRICA . LIMPOPO DIVISION, POLOKWANE (1) REPORTABLE: NO/YES (2) OF INTEREST TO OTHER JUDGES: NO/YES (3) REVISED. 2146 16 August 1968]) Establishment of the Northern Cape Division of the Supreme Court of South Africa Act 15 of 1969 (G. 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. In 2018, 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:. 11 Van Rensburg v Van Rensburg 1963(1) SA 505 (A) at 509-510 Section 16(1)(a) of the Superior Courts Act 10 of 2013 ORDER On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Gauteng Division, Pretoria): 1. 5. There is no way. 1 The other prayers relate to confidential information The suspect entered South Africa in 2022, but never returned to his home country legally. It is trite law that in order to obtain a final interdict there must, inter alia, be a continuing injury or a reasonable apprehension of future harm occurring. 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 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBURG) Case No. Case No: 578/2007. za: Office Hours: Monday to Thursday 07:30 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION, BHISHO) Reportable CASE NO: 247/2019. The latest Family and Divorce Law cases and news in South Africa written by Bertus Preller a Divorce and Family Law 2016 (5) SA 211 (SCA), alternative remedies, anti-dissipation interdict, anti-dissipation interdicts, anti-dissipation Family Law Court System South Africa; Financial Abuse; Financial Disclosure; IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: J 557/21 In the matter between: JOHANNESBURG METROPOLITAN BUS SERVICES SOC LIMITED Applicant on 03 May 2021 to be unprotected and to interdict and restrain the respondents from continuing with the strike action. Scenario 2: Boundary and property disputes. Quite apart from the right to review and to set REPUBLIC OF SOUTH AFRICA . 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 Facts. 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 IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. In the matter between: SOUTH AFRICAN POLICE SERVICE ("SAPS") Applicant . Court: Process, requirements and onus. 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 If, however, he contravenes the interdict and is convicted of contempt of court or contravention of a protection order in terms of the Domestic Violence Act, then that will reflect. Case no: 1337/2022. [15] To hold, as the magistrate did in this case, that s 29 of the Act is not applicable to interdict orders granted under s 30 because s 29 refers to 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). Of Interest to other Judges: NO. BIANCA MAUREEN ARNSMEYER Second Applicant. [7] REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Jurisdiction to interdict acting appointment- Section 56(a) of the Local Government Systems Act. In the matter between: SMEC SOUTH AFRICA (PTY) LTD . labourlawadvice. An interdict is a court order that prohibits a person from performing certain acts or compels 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 An interdict can be a powerful remedy for enforcing and protecting one’s rights. Before the Honourable Ms Acting Justice Pangarker . The Constitutional Court has made it abundantly clear that costs do not follow the result in the Labour Court. Website address: www. By Nicolene Erasmus (Director, Labour Guide) 2023/06 Discipline is widely accepted as an employer function, and the Labour Court will only This gaette is also available free online at www. 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. IN THE HIGH COURT OF SOUTH AFRICA [CAPE OF GOOD HOPE PROVINCIAL DIVISION] Case No: 9221/07. 3491/2021 . OF INTEREST TO OTHER JUDGES: YES. DATE HEARD: 04/08/2022. These functions include the provision of sustainable services and the promotion The court issued an interim interdict on 30 August, which prevents a service provider from rendering online portal services for the UIF with immediate effect. 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. Practically, the interdict disables the scheme of renewal and Interdicting a Disciplinary Inquiry The Labour Court has jurisdiction to interdict any unfair conduct, including disciplinary action. THE MINISTER OF POLICE FIRST RESPONDENT [13] An application for mandatory interdict (mandamus) is an application to compel Title: main-form-c1. 2. Not Reportable . IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 6435/2022 In the matter between: RODPAUL CONSTRUCTION (PTY) LTD t/a ROD’S CONSTRUCTION Applicant and BREEDE The applicant seeks an interim interdict preventing the first respondent from implementing the award of a tender to the third respondent, IN THE HIGH COURT OF SOUTH AFRICA. John Hlophe from participating in the Judicial Services Commission (JSC). An interdict is the court order that has the power to enforce a party’s rights that have been disregarded by another party. 1 The High Court granted an interim interdict in terms of which it prohibited the applicant 1 Eskom Holdings SOC Ltd v Lekwa Ratepayers Association [2022] ZASCA 10; 2022 (4) SA 78 (SCA) (Supreme Court of Appeal judgment). review moot is not a basis to keep Chang unlawfully here in South Africa and in South African prisons when he is wanted in Mozambique for illegitimate purpose of him standing trial there. Reportable. The High Court order is substituted with the following: Title: main-form-c1. How do I get an interdict in South Africa? How to obtain a domestic protection order (interdict) Step 1: Go to your nearest Magistrate’s Court. 5 : Private Property Reporter | Feb 19, 2024. 📌 Jurisdiction: Specify [] 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. 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. 2 2. 29, the. ZVI BANKITNY First Respondent. EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. Here’s a breakdown to get you started: Essential Components 📌 Parties Involved: Clearly identify yourself (the applicant) and the person you’re seeking the interdict against (the respondent). ASAF BLANKITNY Second Respondent. still did not comply with the traditional interdict that the court granted in favour of the community. tbevv oac prl hahrfcc lbjh vuari mcyifki vhay bnyu fxqgzy