CONTEMPT OF COURT

Additional Readings
Bill of Rights Compendium at 2A-33 G Marcus & D Splitz Expression in M Chaskalson et al (eds) Constitutional Law of South Africa (revision service 5) 1999 para 20.8(i).

Definition:
unlawfully and intentionally violating the dignity, repute or authority of a judicial officer or a judicial body, or interfering with the administration of justice in a matter pending before it.

Interests protected:
the right of all citizens to a fair trial ensuring that the public maintains its confidence in the judiciary, and upholding the integrity of judicial officers and instructions.

Essential Elements of the Crime:

1. 2. 3. 4. Unlawful Contempt Judicial Body Fault

Unlawful
Fair & legitimate criticism is not unlawful Certain statements may be privileged

1. Contempt

Classification of Types of Conduct Constituting Contempt From: Snyman 325.

Contempt of Court

Contempt in facie curiae

Contempt ex facie curiae

Referring to a pending case

Not referring to a pending case

Commentary on pending case Interference with witnesses or court Failing to appear in court

Scandalising the court Failure to comply with order of court Obstructing court officials Simulating court processes

1. Contempt in facie curiae (= committed in the face of the court)

S v Nene 1963 (3) SA 58 (N)

2. Contempt ex facie curiae (= committed outside the face of the court)

(a) Contempt ex facie curiae in relation to pending cases: (i) Publication of Information regarding a pending case - sub judice (ii) Interference with Witnesses or the Court (iii) Failure to Appear in Court - S v Canca 2000 (2) SACR 283 (E) - R v Magerman 1960 (1) SA 184 (O)

Contempt ex facie curiae cont

(b) Contempt ex facie curiae not referring to pending cases: (i) Scandalising the Court - S v Mamabolo 2001 (1) SACR 686 (CC)
- S v Moila 2005 (2) SACR 517 (T) / 2006 (1) SA 330 (T)

Contempt ex facie curiae cont

(ii) Failure to Comply with an Order of

Court
- Uncedo Taxi Service Association v Maninjwa
1998 (2) SACR 166 (E)

(iii) Obstructing Court Officials (iv) Simulating Court Processes

Judicial Body

Fault
Dolus required Culpa will suffice if accused is editor/publisher of a newspaper/other medium

Standard of Proof
Proof beyond reasonable doubt required even in cases of civil contempt. See Fakie NO CCII Systems (Pty) Ltd 2006 (4) SA 326 (SCA).

Topics for Tuesday:

Perjury See relevant chapters in J Burchell Principles of Criminal Law 3rd ed (2005) & CR Snyman Criminal Law 5th ed (2008)