Comparison View

Formal Consolidation |  Amended Act 46 of 2018
Limited civil restraint orders
73B.—(1)  A court may, if satisfied that a party has made 2 or more applications that are totally without merit, make a limited civil restraint order against the party.
(2)  Where a court makes a limited civil restraint order, the party against whom the order is made —
(a)is restrained from making any further application in the legal proceedings in respect of which the order is made without the leave of that court; and
(b)may apply to amend, vary or discharge the order, only if the party has the leave of that court to make that application.
(3)  Where a party, who is subject to a limited civil restraint order, makes an application (other than for the leave of the court under subsection (2)) in the legal proceedings in respect of which the order is made without the leave of the court under subsection (2), that application is to be treated as dismissed —
(a)without the court having to make any further order; and
(b)without the need for any other party to be heard on the merits of that application.
(4)  A limited civil restraint order —
(a)is limited to the particular legal proceedings in respect of which the order is made; and
(b)remains in effect for the duration of the legal proceedings in respect of which the order is made, unless the court orders otherwise.
(5)  Where a party, who is subject to a limited civil restraint order made by the High Court, applies for the leave of the court under subsection (2), and the High Court refuses such leave, the party may, subject to section 34(2A), bring an appeal from the order refusing such leave to the Court of Appeal.
[Act 46 of 2018 wef 01/01/2019]
Informal Consolidation | Amended Act 4 of 2020
Limited civil restraint orders
73B.—(1)  A court may, if satisfied that a party has made 2 or more applications that are totally without merit, make a limited civil restraint order against the party.
(2)  Where a court makes a limited civil restraint order, the party against whom the order is made —
(a)is restrained from making any further application in the legal proceedings in respect of which the order is made without the leave of that court; and
(b)may apply to amend, vary or discharge the order, only if the party has the leave of that court to make that application.
(3)  Where a party, who is subject to a limited civil restraint order, makes an application (other than for the leave of the court under subsection (2)) in the legal proceedings in respect of which the order is made without the leave of the court under subsection (2), that application is to be treated as dismissed —
(a)without the court having to make any further order; and
(b)without the need for any other party to be heard on the merits of that application.
(4)  A limited civil restraint order —
(a)is limited to the particular legal proceedings in respect of which the order is made; and
(b)remains in effect for the duration of the legal proceedings in respect of which the order is made, unless the court orders otherwise.
(5)  Where a party, who is subject to a limited civil restraint order made by the High Court, applies for the leave of the court under subsection (2), and the High Court refuses such leave, the party may, subject to section 34(2A), bring an appeal from the order refusing such leave to the Court of Appeal.
[Act 46 of 2018 wef 01/01/2019]