Author: Roy Bregman – Admitted Attorney (Est. 1974) | Specialist in Family Law
Over the years in practice, I’ve come across divorce disputes that go far beyond a genuine need for justice. Some individuals misuse the courts as a tool to harass, delay, or exhaust their spouse financially. This is known as vexatious litigation, a pattern of bringing repeated, baseless legal claims, not for justice but for revenge or control.
In South Africa, the Vexatious Proceedings Act 3 of 1956 empowers courts to intervene when litigation is being abused in this way. If you or a client are caught up in such a battle, it’s important to know the legal remedies available.
The Act aims to strike a delicate balance between two competing principles:
– The right of access to justice, and
– The need to prevent abuse of court processes.
Under Section 2(1)(b) of the Act, a High Court may declare a person a vexatious litigant, effectively blocking them from launching any new legal proceedings without first obtaining the court’s permission.
To make such a declaration, the court looks for:
– A clear pattern of persistent and meritless litigation
– Evidence that the litigation was intended to harass or financially drain the other party
– An overall abuse of the court’s time and process
South African courts have recently handed down strong decisions on this topic, especially in the family law arena:
• NDC v GC [2022] – Multiple meritless applications led to the respondent being declared a vexatious litigant.
• Sawyer v Sam and Another (2022) – The court tackled repetitive, baseless maintenance claims.
• N.K and Another v B.B (2023) – Repeated false accusations and disregard for custody orders resulted in a litigation ban.
• TD v LD and Others (2024) – A recent case reflecting the emotional toll and court protection against abuse.
These cases reflect the judiciary’s firm stance: Courts will not allow themselves to be used to perpetuate conflict.
If you’re a victim of vexatious litigation or representing someone who is, it’s essential to act swiftly.
What You Can Do:
– Apply to the High Court to have the opposing party declared a vexatious litigant
– Provide proof of repeated, unmeritorious litigation
– Highlight the emotional or financial harm caused
What Lawyers Should Know:
– Warn clients against bringing hopeless or malicious claims
– Judges are increasingly granting protective orders
– Ethical litigation protects both clients and the profession
Q: What is vexatious litigation in South African divorce law?
A: It’s when someone repeatedly goes to court without good reason, often just to harass their ex-spouse.
Q: Can the court stop this kind of behaviour?
A: Yes. A court can declare the person a vexatious litigant, which stops them from launching new cases without special permission.
Q: What should I do if I’m being harassed through the courts?
A: Speak to your lawyer about applying for a vexatious litigant order. This can offer real protection and peace of mind.
With more than 50 years in family law, I’ve seen how easily a legal process can be turned into a weapon in divorce disputes. Fortunately, South African law provides clear, practical remedies to protect individuals and uphold the integrity of our courts.
If you suspect you’re facing vexatious litigation or want to avoid stepping over the line, get sound legal advice early. Courts are no longer passive bystanders in these matters, and neither should you be.
Need help with a divorce or legal harassment?
Contact us on 011 646-0335 or sasha@bmalaw.co.za or visit www.bregmans.co.za
