Author: Roy Bregman – Admitted Attorney (Est. 1974) | Specialist in Family Law
What Is Vexatious Litigation in Divorce?
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.
Legal Protection Under the
Vexatious Proceedings Act
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
Key Case Law on Vexatious Conduct
in Divorce
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.
Practical Advice for Clients and
Legal Practitioners
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
FAQs: Quick Answers for the
Public
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.
Final Thoughts
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
