Els v Weideman and Others (512/09) [2010] ZASCA 155; 2011 (2) SA 126 (SCA) ; [2011] 2 All SA 246 (SCA) (30 November 2010)

Els v Weideman and Others (512/09) [2010] ZASCA 155; 2011 (2) SA 126 (SCA) ; [2011] 2 All SA 246 (SCA) (30 November 2010)

The Supreme Court of Appeal held that the Western Cape High Court had jurisdiction to hear contempt proceedings for breach of an order made by the South Gauteng High Court, as the alleged breach occurred within its area and the respondents were subject to its jurisdiction. The Court found that the respondents published the substance of the interdicted article, including the cover, editorial, and truncated article, which together breached the terms of the order. The editorial and cover were designed to lead readers to identify the appellant as the alleged abuser, demonstrating intentional and mala fide defiance of the court order. The first and second respondents were convicted of...

Citation
[2010] ZASCA 155
Parties
Appellant: Christiaan Jurie Els; Respondent: Esmaré Weideman; Respondent: Media 24 Limited; Respondent: Izelle Venter
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 2010
Case Number
512/09
Procedural Posture
Civil Appeal / Appeal From Western Cape High Court Judgment on Contempt Application
Outcome
Appeal upheld in respect of the first and second respondents; dismissed in respect of the third respondent. First and second respondents convicted of contempt of court; matter remitted for determination of sanctions.
Judges
Nugent, Heher, Maya
Legal Topics
Contempt of Court, Jurisdiction of High Courts, Interdicts, Freedom of Expression
Civil Procedure Constitutional Law Contempt of Court Jurisdiction of High Courts Interdicts Freedom of Expression

Case Brief

Summary, issues, holding and outcome

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Parties

Christiaan Jurie Els

Appellant

Esmaré Weideman

Respondent

Media 24 Limited

Respondent

Izelle Venter

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape High Court Judgment on Contempt Application

Legal Issues

  1. 1 Whether the Western Cape High Court had jurisdiction to hear contempt proceedings for breach of an order made by the South Gauteng High Court.
  2. 2 Whether the respondents breached the terms of the interim interdict by publishing the substance of the interdicted article.
  3. 3 Whether the publication constituted intentional and mala fide contempt of court.

Ratio Decidendi

The Supreme Court of Appeal held that the Western Cape High Court had jurisdiction to hear contempt proceedings for breach of an order made by the South Gauteng High Court, as the alleged breach occurred within its area and the respondents were subject to its jurisdiction. The Court found that the respondents published the substance of the interdicted article, including the cover, editorial, and truncated article, which together breached the terms of the order. The editorial and cover were designed to lead readers to identify the appellant as the alleged abuser, demonstrating intentional and mala fide defiance of the court order. The first and second respondents were convicted of...

Court Disposition

Appeal upheld in respect of the first and second respondents; dismissed in respect of the third respondent. First and second respondents convicted of contempt of court; matter remitted for determination of sanctions.

Orders

  • The appeal succeeds in respect of the first and second respondents.
  • The appeal is dismissed in respect of the third respondent.