Understanding Vexatious Litigation: Protecting Against Abusive Legal Tactics

In the legal world, the misuse of legal proceedings can become a significant issue across various fields of law and is quite common in the context of family law. Vindictive spouses, fuelled by emotions, sometimes resort to initiating legal proceedings (often in the form of urgent applications) as a means to irritate their partner. Although the first instinct might be to ignore such baseless proceedings, it is not a viable option.

These proceedings should be opposed and left for the courts to determine their urgency or validity. Opposing these proceedings can become costly, especially when the opponent is acting vexatiously and trying to prove a point, whatever that point may be. This is termed vexatious litigation. However, parties experiencing vexatious litigation are not left without recourse and the Vexatious Proceedings Act 3 of 1956 provides a legal framework to address such conduct.

What is Vexatious Litigation?

Vexatious litigation refers to the practice of repeatedly filing lawsuits with the intent to harass or subdue an adversary. This can manifest in various ways, including filing multiple applications seeking similar relief, baseless claims, or actions intended to cause financial or emotional distress. 

Case in Point: A Typical Example in the Framework of a Divorce

It is quite common where a party, with substantial financial resources, engages in a campaign of vexatious litigation against the other, where numerous applications are issued, some seeking similar relief (with slightly different bells and whistles), others based on contrived scenarios or abused legislation, many aimed at causing infighting within the other party’s close family and friends, and all of which are aimed at financial destitution.

This relentless legal onslaught not only drains the receiving party’s financial resources but also creates significant emotional turmoil and prevents a party from closing the chapter and moving on with their lives.

The Vexatious Proceedings Act 3 of 1956

The Vexatious Proceedings Act 3 of 1956 was enacted to curb the abuse of legal processes. Key provisions of the Act include:

1. Court's Authority: The Act empowers courts to impose restrictions on individuals who persistently and without reasonable grounds initiate legal proceedings. This can be done on the application of the State Attorney or any person authorized by them, or by any person who has been subjected to such proceedings.

2. Criteria for Restriction: For the court to impose restrictions, it must be satisfied that the individual has engaged in vexatious litigation. This involves demonstrating that the legal actions are without reasonable grounds and are an abuse of the court's process.

3. Scope of Orders: The court can order that no legal proceedings be instituted by the vexatious litigant without the court's leave. This means that the individual must obtain permission from the court before initiating any new legal proceedings. Such orders can be indefinite or for a specified period and can be rescinded or varied upon good cause shown.

4. Publication and Enforcement: Orders made under the Act must be published in the Gazette, ensuring public awareness. Violating such an order can result in contempt of court, with penalties including fines or imprisonment.

   
   

Practical Implications in Various Legal Fields

Vexatious litigation can be a strategy to exhaust the other party's resources and resolve in many legal contexts. For instance, in the aforementioned divorce case, the husband's repeated legal actions have delayed proceedings, increased costs, and created emotional turmoil. However, similar tactics can be seen in commercial disputes, property conflicts, and other areas of law. The Vexatious Proceedings Act provides a mechanism to protect against such tactics, ensuring that the legal process is not abused.

Conclusion

Vexatious litigation is a serious issue that can undermine the integrity of the legal system and cause significant harm to individuals. The Vexatious Proceedings Act 3 of 1956 offers a robust tool to combat this abuse, safeguarding the rights and well-being of those targeted by such actions. Attorneys across all fields of law should be aware of this legislation and consider its application to protect their clients from vexatious litigants.