A full interdiction occurs when a court determines that the individual is incapable of consistently making decisions about his person and his property.
When can an interdict be granted?
Section 35 of the General Law Amendment Act 62 of 1955 provides that applications for interdicts against the state must be served at least 72 hours or such lesser period as the court may in all the circumstances of the case consider reasonable, before the time reflected for the hearing of the matter.
What are the requirements for an interdict in South Africa?
The test requires that an applicant that claims an interim interdict must establish:
- a prima facie right, even if it is subject to some doubt;
- a reasonable apprehension of irreparable and imminent harm to the right if an interdict is not granted;
- the balance of convenience must favour the granting of the interdict; and.
