Snyders and Others v De Jager (Contempt of Court) (CCT186/15) [2016] ZACC 53; 2017 (5) BCLR 600 (CC) (21 December 2016)

Snyders and Others v De Jager (Contempt of Court) (CCT186/15) [2016] ZACC 53; 2017 (5) BCLR 600 (CC) (21 December 2016)

The Court found that Ms de Jager took reasonable steps to comply with the interim order, including requesting the new occupant to vacate and considering eviction proceedings. Her decision not to pursue eviction was based on a bona fide assessment of the prospects of success. She also sought guidance from the Court, demonstrating her intention to comply. There was no evidence of mala fide conduct. As mala fides is a necessary element for contempt, the application for contempt was dismissed. The Court further held that justice and equity did not warrant a costs order against the applicants, given their circumstances.

Citation
[2016] ZACC 53
Parties
Applicant: Karel Snyders; Applicant: Sofia Snyders; Applicant: Minor Children; Respondent: Louisa Fredrika De Jager
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
21 December 2016
Case Number
CCT 186/15
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application for contempt of court dismissed; no order as to costs.
Judges
Mogoeng, Moseneke, Bosielo, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Nkabinde, Zondo
Legal Topics
Contempt of Court, Interim Relief, Compliance With Court Orders
Civil Procedure Constitutional Law Contempt of Court Interim Relief Compliance With Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Karel Snyders

Applicant

Sofia Snyders

Applicant

Minor Children

Applicant

Louisa Fredrika De Jager

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent, Ms de Jager, acted in contempt of the Constitutional Court's interim order requiring restoration of peaceful possession to the applicants.
  2. 2 Whether the respondent's actions constituted mala fide non-compliance with the court order.
  3. 3 Whether considerations of justice and equity warranted a costs order against the applicants.

Ratio Decidendi

The Court found that Ms de Jager took reasonable steps to comply with the interim order, including requesting the new occupant to vacate and considering eviction proceedings. Her decision not to pursue eviction was based on a bona fide assessment of the prospects of success. She also sought guidance from the Court, demonstrating her intention to comply. There was no evidence of mala fide conduct. As mala fides is a necessary element for contempt, the application for contempt was dismissed. The Court further held that justice and equity did not warrant a costs order against the applicants, given their circumstances.

Court Disposition

Application for contempt of court dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.