Strict Legal Rules For Bringing an Interdict

There are very strict rules for bringing an interdict which state that you must:

• Show the court that the case is very urgent. You must show that there is a very real threat if you don’t get the interdict. (See: problem 3: how urgent is the need for an interdict?)
• Have very good evidence of the threat. In other words, you must have many statements supporting your claim, witnesses, medical certificates, photographs, and so on.
• Show that NO OTHER LEGAL ACTION WOULD PROTECT you enough. For example, you must show that using the ordinary criminal courts will not help because they are too slow or that they have not helped protect you in the past.

Ignoring the Interdict

Sometimes you get an interdict but the other party just ignores it. Then you can take further legal action against the other side. You can get your attorney to go back to court and ask the court to lock up the other party for refusing to obey the interdict. The other party is in contempt of court.

Limited Effects of Interdicts

Interdicts are not necessarily a lasting solution to a problem. For example, a farmworker may get an interdict to prevent a farmer from unlawfully evicting him. But the farmer can then just get a court order, allowing him or her to evict the farmworker lawfully.

But interdicts can be useful by publicly exposing unlawful actions by people. Interdicts also give you some time in which to decide what you are going to do.

In this time you might be able to negotiate with the other side about a settlement that will suit both sides.

Cost of Getting an Interdict

Interdicts cost a lot of money to bring to court. If you lose the case you might have to pay for the other side’s costs.