STUDY UNIT 20

Question 1

WHAT IS AN INTERDICT?

Answer 1

an interdict is a court order which either orders a person to refrain from performing some act or orders a person to perform a particular act.

Question 2

PURPOSE:

Answer 2

is to prevent current or future harm.

Question 3

TWO TYPES OF INTERDICTS:

Answer 3

1. Prohibitory interdict
2. Mandatory interdict

Question 4

PROHIBITORY INTERDICT:

Answer 4

an order to stop or prevent someone from doing something

Question 5

MANDATORY INTERDICT:

Answer 5

an order to force someone to do something

Question 6

PURPOSES FOR WHICH AN INTERDICT MAY BE GRANTED:

Answer 6

1. to compel the respondent to perform his obligations in terms of the contract
2. to prohibit the commission of a crime
3. to prohibit the commission of a delict
4. to prevent the breach of a statutory provision
5. to restrain a person from passing off his business as that of another.

Question 7

FINAL INTERDICTS: REQUIREMENTS:

Answer 7

1. a clear right on the part the applicant
2. an injury actually committed or reasonably apprehended
3. there is no other satisfactory remedy available to the applicant

Question 8

To establish that a right is clear involves two steps:

Answer 8

1. confirming that the right exists in law
2. proving that the right exists in fact

Question 9

REQUIREMENTS OF AN INTERIM INTERDICT:

Answer 9

1. a prima facie right on the part of the applicant
2. a well-grounded apprehension of irreparable harm if the interim relief is not granted and the ultimate relief is granted.
3. a balance of convenience in favour of the granting of the interim relief
4. the absence of any other satisfactory remedy available to the applicant.