Understanding Anton Pillar Orders in South Africa
What is an Anton Piller Order?
An Anton Piller Order is a court order that provides the right to search a premises with the purpose of seizing evidence without prior warning and is intended to prevent the destruction of relevant evidence.
The application for this type of relief is brought about in secret on an ex-parte basis which means that it is brought without notifying the party who will be affected by this kind of application and the order which may be granted as a result.
Purpose of Anton Piller Orders
The primary purpose of Anton Piller Orders is to prevent the destruction or removal of evidence that is relevant to a legal dispute. This type of order allows the plaintiff to enter the defendant's premises and search for evidence that they believe is being concealed. The plaintiff can then seize this evidence and use it in court to support their case.
How to Obtain Anton Piller Orders in South Africa
To obtain an Anton Piller Order in South Africa, the plaintiff must apply to the court for an interim order. The application must include a detailed description of the evidence that the plaintiff believes is being concealed, the reasons for this belief and the steps that the plaintiff has taken to try to obtain the evidence without the order.
The court will consider the application and may grant the order if it is satisfied that there is a prima facie case against the defendant, the evidence is likely to be destroyed or removed, and the harm caused by the order is not disproportionate to the benefit gained.
Requirements for an Anton Piller Order.
When applying for an Anton Piller order, the person applying (i.e. the applicant) must prove that:
there is an extremely strong prima facie case against the person/entity who is in possession of the documents/evidence in question (i.e. the respondent);
the potential or actual damage is serious; and
clear evidence that the respondent is in possession of incriminating material which he could destroy should he become aware of the application.
Legal Process Behind Anton Piller Orders
Once the court grants the Anton Piller Order, the plaintiff (via the appointed representatives as discussed below) can enter the defendant's premises with a team of experts, such as forensic investigators or computer specialists. The plaintiff must follow specific guidelines to ensure that the search is conducted lawfully and the defendant's rights are protected.
The defendant has the right to be present during the search, to have legal representation and to object to the seizure of specific items. If any items are seized, they must provide the defendant with a detailed inventory and give them the opportunity to challenge the seizure in court.
Executing an Anton Piller Order.
Once the Anton Piller Order is granted, the Court will appoint a sheriff and an independent attorney to enter and search the premises of the respondent and seize the items mentioned in the Anton Piller Order.
These items will then be preserved at the sheriff’s office to enable the applicant access should he need them to prove his case.
Where did the Anton Piller Order originate from?
The Anton Piller order originates from an old English case, i.e Anton Piller KG v Manufacturing Processes Ltd and Others [1975] EWCA Civ 12, [1976] 1 All ER 779 (8 December 1975).
Anton Piller KG was a manufacturer of frequency converters in 1976 England, however its legal battle with its agents was the foundation for the now commonly recognized Anton Piller order.
Potential Liability
Anton Piller Order’s are highly intrusive nature and as a result, if such an order turns out to be unwarranted, excessive or wrongfully executed - the applicant of such an order can be held liable for damages that arise as a result of such an order being granted and/or executed. Therefore, it is advisable that the use of an Anton Piller order should only occur in the clearest of cases.
Conclusion
Anton Piller Orders are a powerful legal tool that can help plaintiffs to obtain evidence of wrongdoing. However, they are subject to strict legal requirements and must be obtained through the proper legal process. If you are involved in a legal dispute and believe that an Anton Piller Order may be necessary, it is essential to seek expert legal advice. Barter McKellar’s litigation attorneys have worked on many cases of this nature and can guide you through this complex process.
If you need assistance with a litigation matter or dispute, contact our offices today to schedule a consultation with one of our specialist litigation attorneys.
