South African Rugby League Association v Van Reenen (A19/15) [2016] ZAGPPHC 1028 (8 December 2016)

South African Rugby League Association v Van Reenen (A19/15) [2016] ZAGPPHC 1028 (8 December 2016)

The court found that the respondent was subject to the court order granted on 27 February 2014, which was not discharged in relation to him. The respondent's email to RLIF constituted a deliberate and mala fide breach of the order, as it directly addressed matters concerning South African Rugby League, which the order prohibited. The respondent's defenses regarding the lapse of the appeal and lack of willfulness were rejected, as there was no credible evidence that he acted on legal advice or misunderstood the order. The court held that the applicant had discharged its onus of proving contempt, and the respondent failed to rebut the presumption of willfulness and mala fides. The urgency...

Citation
[2016] ZAGPPHC 1028
Parties
Applicant: South African Rugby League Association; Respondent: Dave Van Reenen
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 December 2016
Case Number
A19/15
Procedural Posture
Contempt Application / Final Judgment
Outcome
The respondent is declared to be in contempt of the court order and is committed to prison for 10 days, suspended for six months on condition of immediate compliance. Costs are awarded to the applicant.
Judges
Molahlehi
Legal Topics
Contempt of Court, Interdict, Wilful Disobedience, Urgent Application
Civil Procedure Contempt of Court Interdict Wilful Disobedience Urgent Application

Case Brief

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Parties

South African Rugby League Association

Applicant

Dave Van Reenen

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order granted on 27 February 2014.
  2. 2 Whether the respondent's conduct in sending the email to RLIF constituted a breach of the court order.
  3. 3 Whether the respondent's defenses regarding the lapse of the appeal and lack of willfulness are sustainable.

Ratio Decidendi

The court found that the respondent was subject to the court order granted on 27 February 2014, which was not discharged in relation to him. The respondent's email to RLIF constituted a deliberate and mala fide breach of the order, as it directly addressed matters concerning South African Rugby League, which the order prohibited. The respondent's defenses regarding the lapse of the appeal and lack of willfulness were rejected, as there was no credible evidence that he acted on legal advice or misunderstood the order. The court held that the applicant had discharged its onus of proving contempt, and the respondent failed to rebut the presumption of willfulness and mala fides. The urgency...

Court Disposition

The respondent is declared to be in contempt of the court order and is committed to prison for 10 days, suspended for six months on condition of immediate compliance. Costs are awarded to the applicant.

Orders

  • The requirements of form and service are dispensed with and the matter is treated as urgent under rule 6(12) of the Uniform Rules of Court.
  • It is declared that the respondent is in contempt of the order handed down by Mngqibisa-Thusi J on 27 February 2014.