|1.||What is an interdict?
An interdict is a court order that may be sought in order to enforce a right. It is usually sought by way of application proceedings which are relatively inexpensive and are far less time consuming than trial proceedings. It is possible to obtain both a prohibitory interdict – which prevents the respondent from doing something – and a mandatory interdict – which requires the respondent to do something. Examples may be to prevent a former employee from disclosing trade secrets, or to require a builder to complete a construction in terms of a contract.
|2.||Interim and Final Interdicts
There are two kinds of interdicts, namely interim and final interdicts. The test is whether or not a clear right exists. If there is only a prima facie right (i.e a right “on the face of it”) then, provided certain requirements are met, an interim interdict may be granted. This enforces the prima facie right for a period of time, at the end of which a clear right must be proved or the interim interdict will be discharged. If a clear right is proved, a final interdict may be granted. Interim interdicts can, in appropriate cases, be granted for lengthy periods of time or may be extended to protect a prima facie right until, for example, an action has been finalised.
|3.||Interim interdicts: requirements for the granting of an interim interdict:
It is often necessary to apply for an interim interdict on an urgent basis; and in certain circumstances by way of an ex parte application (that is without notice to the respondent). In these cases the court (if it grants the interim interdict) will issue a rule nisi, which will order the respondent to come before the court on a particular date, to show cause as to why the interim interdict should not be made a final interdict.
|5.||Summary of the steps taken to obtain an interdict:
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