Document background
The Stop and Desist Letter is a fundamental legal instrument in South African business and civil law practice, utilized when a party needs to formally demand the cessation of unauthorized or potentially illegal activities. This document is typically employed before initiating formal legal proceedings, serving as both a warning and an opportunity for the offending party to comply voluntarily. It draws authority from various South African legal frameworks, including the Consumer Protection Act, intellectual property legislation, and common law principles. The letter must be carefully crafted to include specific allegations, evidence of violations, clear demands, and compliance deadlines, while ensuring all assertions are defensible under South African law. It's particularly valuable in situations involving intellectual property infringement, unfair business practices, harassment, or other violations where immediate action is required to prevent ongoing harm.
