Anglo-Black (Pty) Ltd and Another v Bower and Another (1528/2024) [2025] ZAMPMHC 13 (4 March 2025)

Anglo-Black (Pty) Ltd and Another v Bower and Another (1528/2024) [2025] ZAMPMHC 13 (4 March 2025)

The court found that the applicants failed to prove contempt in respect of the spoliation order, as Mr Bower's bona fide belief that the order was suspended by his application for leave to appeal raised reasonable doubt as to wilfulness and mala fides. However, regarding the publication titled 'LAWFUL NOTICE AND CHALLENGE', the court held that the statements made by Mr Bower scandalised the court, undermined its authority, and were made wilfully and with malice. The defence of legal advice was rejected as improbable and lacking sufficient detail, especially given the continuous legal representation and Mr Bower's personal involvement in the publication. The court confirmed the finding of...

Citation
[2025] ZAMPMHC 13
Parties
Applicant: Anglo Black (Pty) Ltd (In Business Rescue); Applicant: Deon Marius Botha N.O.; Respondent: William Patrick Bower; Respondent: William Patrick Bower (Pty) Ltd
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
4 March 2025
Case Number
1528/2024
Procedural Posture
Civil Application / Extended Return Date of Rule Nisi; Final Determination of Contempt Proceedings
Outcome
Contempt of court ex facie curiae confirmed against the first respondent; fine and suspended imprisonment imposed; punitive costs awarded.
Judges
JL Bhengu
Legal Topics
Contempt of Court, Scandalising the Court, Business Rescue, Mining Rights, Superior Courts Act, Punitive Costs
Civil Procedure Commercial and Corporate Constitutional Law Contempt of Court Scandalising the Court Business Rescue Mining Rights Superior Courts Act +1 more

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Parties

Anglo Black (Pty) Ltd (In Business Rescue)

Applicant

Deon Marius Botha N.O.

Applicant

William Patrick Bower

Respondent

William Patrick Bower (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Extended Return Date of Rule Nisi; Final Determination of Contempt Proceedings

Legal Issues

  1. 1 Whether the first respondent was in contempt of court in respect of the order under case number 976/2024 dated 15 March 2024.
  2. 2 Whether the first respondent was in contempt of court ex facie curiae in respect of his publication dated 03 April 2024 titled 'LAWFUL NOTICE AND CHALLENGE'.
  3. 3 Whether the defence of legal advice advanced by the first respondent raises a reasonable doubt as to wilfulness and mala fides.

Ratio Decidendi

The court found that the applicants failed to prove contempt in respect of the spoliation order, as Mr Bower's bona fide belief that the order was suspended by his application for leave to appeal raised reasonable doubt as to wilfulness and mala fides. However, regarding the publication titled 'LAWFUL NOTICE AND CHALLENGE', the court held that the statements made by Mr Bower scandalised the court, undermined its authority, and were made wilfully and with malice. The defence of legal advice was rejected as improbable and lacking sufficient detail, especially given the continuous legal representation and Mr Bower's personal involvement in the publication. The court confirmed the finding of...

Court Disposition

Contempt of court ex facie curiae confirmed against the first respondent; fine and suspended imprisonment imposed; punitive costs awarded.

Orders

  • The first respondent, Mr Bower, is declared to be in contempt of court pursuant to his declaration dated 03 April 2024 titled 'LAWFUL NOTICE AND CHALLENGE'.
  • The first respondent is ordered to pay a fine of R10,000.00, payable within 30 days from the date of this order.