UNDERSTANDING INTERDICTS IN SOUTH AFRICA 

Requirements for an interim Interdict in South Africa

The Applicant must show that there is a clear legal right; or a right prima facie established, though open to some doubt ; a well-grounded reason to believe that the applicant will suffer irreparable harm should the interim relief not be granted ; A balance of convenience in favor of the granting of relief ; The absence of any other alternative remedy available to the applicant.

Requirements for a final Interdict :

The Applicant must show that -
An infringement of a right which is clearly established ; the commission of an actual injury or reasonable apprehension of an
injury ; the absence of any other alternative remedy available to the applicant.

Advocate K. Gobinca

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Advocate  K.Gobinca