N C v S (285/2018) [2019] ZASCA 50 (1 April 2019)

N C v S (285/2018) [2019] ZASCA 50 (1 April 2019)

The Supreme Court of Appeal found that, in respect of count 1, the appellant had acted on legal advice and initiated review and appeal processes, resulting in the suspension of the Children’s Court order during the relevant period. The State conceded that malice was not proved for count 1, and therefore, the requirements for contempt of court were not satisfied. In respect of count 2, the appellant’s conduct and communications demonstrated a wilful and mala fide refusal to comply with the Children’s Court order, and there were no reasonable prospects that another court would reach a different conclusion. Consequently, leave to appeal was granted only in respect of count 1 and the...

Citation
[2019] ZASCA 50
Parties
Appellant: N C; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 April 2019
Case Number
285/2018
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Petition for Leave to Appeal
Outcome
Appeal upheld in respect of count 1 and sentence; leave to appeal granted to the Western Cape Division of the High Court, Cape Town, against conviction on count 1 and the sentence imposed.
Judges
Tshiqi, Saldulker, Dambuza, Mocumie, Mokgohloa
Legal Topics
Contempt of Court, Children's Act, Parenting Plan, Sentencing, Leave to Appeal
Criminal Law Family and Children Contempt of Court Children's Act Parenting Plan Sentencing Leave to Appeal

Case Brief

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Parties

N C

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Petition for Leave to Appeal

Legal Issues

  1. 1 Whether the appellant has shown reasonable prospects of success on appeal against the convictions and sentence.
  2. 2 Whether the appellant was in contempt of court in respect of count 1 and count 2.
  3. 3 Whether leave to appeal should be granted in respect of the convictions and sentence.

Ratio Decidendi

The Supreme Court of Appeal found that, in respect of count 1, the appellant had acted on legal advice and initiated review and appeal processes, resulting in the suspension of the Children’s Court order during the relevant period. The State conceded that malice was not proved for count 1, and therefore, the requirements for contempt of court were not satisfied. In respect of count 2, the appellant’s conduct and communications demonstrated a wilful and mala fide refusal to comply with the Children’s Court order, and there were no reasonable prospects that another court would reach a different conclusion. Consequently, leave to appeal was granted only in respect of count 1 and the...

Court Disposition

Appeal upheld in respect of count 1 and sentence; leave to appeal granted to the Western Cape Division of the High Court, Cape Town, against conviction on count 1 and the sentence imposed.

Orders

  • The appeal is upheld to the extent reflected in the judgment.
  • The order of the high court dismissing the applicant’s petition for leave to appeal against count 1 is set aside.