Els v Weideman and Others (3392/2008) [2009] ZAWCHC 29 (18 March 2009)

Els v Weideman and Others (3392/2008) [2009] ZAWCHC 29 (18 March 2009)

The Western Cape High Court lacks jurisdiction to hear contempt proceedings regarding an order issued by the Witwatersrand Local Division. The law requires that such applications be brought before the court that made the original order. Even if jurisdiction existed, the applicant failed to prove beyond reasonable doubt that the respondents' publication constituted disobedience of the order or that their conduct was wilful and mala fide. The published material was materially different from the prohibited article, and the evidence did not establish intentional or bad faith conduct. Negligence, even if present, is not sufficient to sustain a conviction for contempt of court in these...

Citation
[2009] ZAWCHC 29
Parties
Applicant: Christiaan Jurie Els; Respondent: Esmaré Weideman; Respondent: Media 24 Beperk; Respondent: Izelle Venter
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 March 2009
Case Number
3392/2008
Procedural Posture
Civil Application / Judgment on Application for Contempt of Court
Outcome
Application dismissed with costs.
Judges
Dlodlo
Legal Topics
Contempt of Court, Jurisdiction of High Courts, Interdicts, Mens Rea Requirements
Civil Procedure Contempt of Court Jurisdiction of High Courts Interdicts Mens Rea Requirements

Case Brief

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Parties

Christiaan Jurie Els

Applicant

Esmaré Weideman

Respondent

Media 24 Beperk

Respondent

Izelle Venter

Respondent

Procedural Posture

Civil Application / Judgment on Application for Contempt of Court

Legal Issues

  1. 1 Does the Western Cape High Court have jurisdiction to hear contempt proceedings regarding an order issued by the Witwatersrand Local Division?
  2. 2 Did the respondents' publication constitute disobedience of the original court order?
  3. 3 Was the conduct of the respondents wilful and mala fide, or merely negligent, in relation to the alleged contempt?

Ratio Decidendi

The Western Cape High Court lacks jurisdiction to hear contempt proceedings regarding an order issued by the Witwatersrand Local Division. The law requires that such applications be brought before the court that made the original order. Even if jurisdiction existed, the applicant failed to prove beyond reasonable doubt that the respondents' publication constituted disobedience of the order or that their conduct was wilful and mala fide. The published material was materially different from the prohibited article, and the evidence did not establish intentional or bad faith conduct. Negligence, even if present, is not sufficient to sustain a conviction for contempt of court in these...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.