s 31D Extended civil restraint orders
31D.—(1) Subject to subsection (2), a tribunal may make an extended civil restraint order against a party if he or she has, within a 12-month period, filed 3 or more of any of the following:(a) an action on a claim (whether against the same or different respondents); (b) an application to a tribunal under this Act, including an application under section 6 or 9. (2) Before making the extended civil restraint order under subsection (1), the tribunal must be satisfied that — (a) the claims or applications mentioned in subsection (1) are totally without merit, disclose no reasonable cause of action or are an abuse of process; or (b) it is otherwise in the interests of justice to make the extended civil restraint order. (3) Where a tribunal makes an extended civil restraint order, the party against whom the order is made —(a) is restrained from commencing any action or making any application, in any tribunal concerning any matter involving, relating to, touching upon or leading to the proceedings in respect of which the order is made, without the permission of a tribunal; and (b) may apply to amend, vary or discharge the order, only if the party has the permission of a tribunal to make that application. (4) Where a party, who is subject to an extended civil restraint order, commences an action or makes an application in a tribunal (other than for the permission of a tribunal under subsection (3)), concerning any matter involving, relating to, touching upon or leading to the proceedings in respect of which the order is made, without the permission of a tribunal under subsection (3), that action or application is to be treated as struck out or dismissed —(a) without a tribunal having to make any further order; and (b) without the need for any other party to be heard on the merits of that action or application. (5) An extended civil restraint order remains in effect for a period (not exceeding 2 years) that is specified in the order. (6) A tribunal —(a) may extend the period for which an extended civil restraint order remains in effect, if the tribunal considers it appropriate to do so; but (b) must not extend that period for more than 2 years on any given occasion.[Act 43 of 2024 wef 01/09/2026]