Drastic, But Effective: Anton Piller Orders

Sun Tzu, the author of The Art of War, once said that 'Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.'

The point of departure under South African law is that every person should be afforded the opportunity to respond to evidence tendered against them; the so-called audi alteram partem rule.

An Anton Piller is an exception to this rule. The purpose of an Anton Piller order is to ensure that vital evidence is preserved for use in a subsequent trial. It is a drastic remedy as the order is obtained ex parte (that is to say, with respect or in the interest of one party, namely the applicant, without notice to any potential respondents).