Levi and Another v Blankitny and Another (2611/2022) [2023] ZAWCHC 149 (13 June 2023)

Levi and Another v Blankitny and Another (2611/2022) [2023] ZAWCHC 149 (13 June 2023)

The court found that the applicants established a clear right to be free from harassment, threats, and defamatory statements, and that the breach of these rights occurred within the court's jurisdiction where the applicants reside and work. The respondents' arguments regarding jurisdiction, service, and effectiveness were rejected, as the respondents had notice of the proceedings and Israeli law allows for enforcement of foreign judgments. The applicants' delay did not preclude relief, as the respondents refused to provide an undertaking and the threat of harm persisted. Alternative remedies such as criminal prosecution and the Protection from Harassment Act were inadequate due to the...

Citation
[2023] ZAWCHC 149
Parties
Applicant: Omri Yedid Levi; Applicant: Bianca Maureen Arnsmeyer; Respondent: Zvi Blankitny; Respondent: Asaf Blankitny
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 June 2023
Case Number
2611/2022
Procedural Posture
Urgent Application / Final Interdict Application After Interim Relief and Opposition
Outcome
Final interdict granted in favour of the applicants; no order as to costs.
Judges
Adhikari
Legal Topics
Final Interdict, Harassment, Defamation, Jurisdiction of High Court, Alternative Remedies
Civil Procedure Delict Final Interdict Harassment Defamation Jurisdiction of High Court Alternative Remedies

Case Brief

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Parties

Omri Yedid Levi

Applicant

Bianca Maureen Arnsmeyer

Applicant

Zvi Blankitny

Respondent

Asaf Blankitny

Respondent

Procedural Posture

Urgent Application / Final Interdict Application After Interim Relief and Opposition

Legal Issues

  1. 1 Whether the Western Cape High Court has jurisdiction to grant a final interdict against respondents residing in Israel.
  2. 2 Whether the applicants have established the requirements for a final interdict: clear right, breach or threat, and absence of adequate alternative remedy.
  3. 3 Whether the scope of the relief sought is impermissibly wide or vague.

Ratio Decidendi

The court found that the applicants established a clear right to be free from harassment, threats, and defamatory statements, and that the breach of these rights occurred within the court's jurisdiction where the applicants reside and work. The respondents' arguments regarding jurisdiction, service, and effectiveness were rejected, as the respondents had notice of the proceedings and Israeli law allows for enforcement of foreign judgments. The applicants' delay did not preclude relief, as the respondents refused to provide an undertaking and the threat of harm persisted. Alternative remedies such as criminal prosecution and the Protection from Harassment Act were inadequate due to the...

Court Disposition

Final interdict granted in favour of the applicants; no order as to costs.

Orders

  • The first and second respondents are interdicted and restrained from harassing, threatening, or intimidating the applicants, including by directing harassing, threatening, intimidating or defamatory communications to the applicants by any means.
  • The respondents are interdicted from instructing any other party to direct harassing, threatening, intimidating or defamatory communications to the applicants.