CONTEMPT OF COURT

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.

Classification of Types of Conduct Constituting Contempt

From: Snyman 325.

Contempt

of Court

Contempt

in facie curiae

Contempt

ex facie curiae

Referring to apending case

Not referring toa pending case

Commentary onpending case

Interference withwitnesses or court

Failing toappear in court

Scandalising thecourt

Obstructingcourt officials

Simulating courtprocesses

Failure to complywith order of court

1. Contempt

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

• Lewis v S [2007] 3 All SA 477 (SCA)

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 - Midi Television v DPP (WC) 2007 (2)

SACR 493 (SCA)(ii) Interference with Witnesses or the Court(iii) Failure to Appear in Court

- S v Moshoeu 2007 (1) SACR 38 (T)