How do you stop another person from doing something you dont like? (legally)
Anyone who is affected negatively by the actions of another person can seek an interdict. Perhaps you have a neighbour who is building a structure that invades a portion of your land or, a landlord has evicted you from rented premises without a court order.
An interdict is a type of court order that directs another person to stop the actions that affect your rights. It can also be used to make another person do something instead of just stopping.
With an interdict, you do not have to wait for many days to see results. It is swift. A neighbour who is building a structure that invades a portion of your land can be stopped before a full court hearing is held, on some other day, to decide whether it is justified for him to continue building that structure. And if, after the full hearing, the Court decides that the building of that structure is wrongful after all, the neighbour will be made to pay your legal costs.
Both the Magistrates Court and High Court have the power to make such an order. Common situations in which you can use an interdict are;
1. Where a landlord evicts you without a court order.
2. Where a person is about to do an act that harms you or your property.
3. Where a neighbour tends to make excessive noise, say holding amplified religious activities at his house.
4. Where a person builds a structure that invades a portion of your land.
5. Any situation in which the behaviour of another is a nuisance, an interdict can be used to control it.
The purpose of an interdict is to enforce individual or group rights. In the landlord example above, it is a fundamental principle of the law that no man can take the law into their own hands. Your landlord, by evicting you without a court order, will have taken the law into his/her hands. It is therefore necessary that his/her actions be undone by giving you back access to the premises.
A person who disobeys an interdict commits a crime called contempt of Court and can be arrested. The process of applying for an interdict is complex therefore a lawyer should always be engaged.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content is simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
The Legal Digest 