Sole and Others v Black First Land First and Others; In re: South African Editors Forum and Others v Black First Land First and Another (23897/2017) [2017] ZAGPJHC 299 (17 October 2017)

Sole and Others v Black First Land First and Others; In re: South African Editors Forum and Others v Black First Land First and Another (23897/2017) [2017] ZAGPJHC 299 (17 October 2017)

The court found that the first and second respondents were in contempt of the court order granted on 7 July 2017. The respondents failed to file any substantive opposition or affidavits, did not dispute the events described in the applicants' affidavits or video evidence, and declined opportunities to present oral evidence. The respondents' conduct, including intimidation, harassment, and threats against journalists, was established through affidavits, video footage, and their own website postings. The court held that subsequent compliance with the order did not cure the contempt. The application for postponement was refused due to lack of bona fide defence and procedural failures. The...

Citation
[2017] ZAGPJHC 299
Parties
Applicant: Stephen Patrick "Sam" Sole; Applicant: Ferial Faiza Haffajee; Applicant: South African National Editors Forum; Respondent: Black First Land First; Respondent: Andile Mngxitama; Respondent: Peter Bruce; Respondent: Adriaan Jurgens Basson; Respondent: Stephen Meiert Grootes; Respondent: Max du Preez; Respondent: Barry John Bateman; Respondent: Karima Brown; Respondent: Eusebius McKaiser; Respondent: Katerina Katopodis; Respondent: Simon Timothy Cohen
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 October 2017
Case Number
23897/2017
Procedural Posture
Urgent Application / Contempt Application Following Breach of Interdict Order
Outcome
Application granted. First and second respondents held in contempt of court. Suspended imprisonment and financial penalty imposed. Relief extended to all journalists. Punitive costs awarded.
Judges
S.E. Weiner
Legal Topics
Contempt of Court, Interdict, Freedom of Expression, Harassment, Punitive Costs
Civil Procedure Constitutional Law Contempt of Court Interdict Freedom of Expression Harassment Punitive Costs

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Parties

Stephen Patrick "Sam" Sole

Applicant

Ferial Faiza Haffajee

Applicant

South African National Editors Forum

Applicant

Black First Land First

Respondent

Andile Mngxitama

Respondent

Peter Bruce

Respondent

Adriaan Jurgens Basson

Respondent

Stephen Meiert Grootes

Respondent

Max du Preez

Respondent

Barry John Bateman

Respondent

Karima Brown

Respondent

Eusebius McKaiser

Respondent

Katerina Katopodis

Respondent

Simon Timothy Cohen

Respondent

Procedural Posture

Urgent Application / Contempt Application Following Breach of Interdict Order

Legal Issues

  1. 1 Whether the first and second respondents are in contempt of the court order granted on 7 July 2017.
  2. 2 Whether the respondents' conduct constituted harassment, intimidation, and threats against journalists in breach of the order.
  3. 3 Whether the relief should be extended to protect all journalists from such conduct.

Ratio Decidendi

The court found that the first and second respondents were in contempt of the court order granted on 7 July 2017. The respondents failed to file any substantive opposition or affidavits, did not dispute the events described in the applicants' affidavits or video evidence, and declined opportunities to present oral evidence. The respondents' conduct, including intimidation, harassment, and threats against journalists, was established through affidavits, video footage, and their own website postings. The court held that subsequent compliance with the order did not cure the contempt. The application for postponement was refused due to lack of bona fide defence and procedural failures. The...

Court Disposition

Application granted. First and second respondents held in contempt of court. Suspended imprisonment and financial penalty imposed. Relief extended to all journalists. Punitive costs awarded.

Orders

  • The first respondent, Black First Land First, and the second respondent, Andile Mngxitama, are held to be in contempt of the court order handed down on 7 July 2017.
  • Mngxitama is sentenced to imprisonment for three months, suspended indefinitely on condition of compliance with the court orders.