Civil Procedure
Interdict
An interdict (injunction) is a court order that prohibits someone from doing something, or compels them to do something, to protect your rights immediately.
Legal Definition
A court order restraining a person or entity from doing (prohibitory interdict) or compelling them to do (mandatory interdict) a specified act. Requires: (1) clear right, (2) injury actually committed or reasonably apprehended, (3) no adequate alternative remedy.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996 (access to courts)
Practical Example
Your neighbour is building a wall that will block your servitude right-of-way. You can obtain an interdict to stop construction pending a full hearing.
Frequently Asked Questions
What is an urgent interdict?
When you face imminent harm, you can apply ex parte (without notice) for an interim interdict. The court will set a return date for the other side to be heard.
How long does an interdict last?
A temporary interdict operates until the full trial. A final interdict is permanent and can only be set aside on appeal or variation.
What is a protection order under the Domestic Violence Act?
A protection order is a specific form of interdict issued in terms of the Domestic Violence Act 116 of 1998 — it restrains an abuser and carries criminal sanction for breach.
Related Terms
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