South Africa Case Law

Ncube and Another v Health and Hygiene (PTY) Ltd (2022/005166)

Ncube and Another v Health and Hygiene (PTY) Ltd (2022/005166) [2022] ZAGPJHC 1016 (15 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/005166

Judge

EF Dippenaar

The court held that a recusal application after judgment and at the stage of an application for leave to appeal is incompetent, as the court is functus officio and no current or prospective proceedings are pending. The grounds advanced by the applicant were based on incorrect facts, artificial technicalities, and did not meet the objective test for apprehension of bias. The alleged procedural irregularities and accusations against the judge and her secretary were unfounded and unsupported by evidence. The respondent was entitled to oppose the application and seek costs. The conduct of the app…

Source excerpt

• Recusal Of Judge
• Functus Officio
• Costs De Bonis Propriis
• Contempt In Facie Curiae

S v Meiring (39/2018)

S v Meiring (39/2018) [2018] ZAGPJHC 587; 2019 (1) SACR 227 (GJ) (7 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

39/2018

Judges

Sutherland, Mudau

On review, the High Court set aside a magistrate’s contempt conviction and R5000 fine for foul language and alleged disruption in court.

• Contempt In Facie Curiae
• Magistrates Courts Act Section 108
• Summary Procedure
• Wilfulness Requirement
• Judicial Dignity
• Contempt-in-facie-curiae

S v Mostert (864/13)

S v Mostert (864/13) [2014] ZAWCHC 29 (6 March 2014)

Court

Western Cape High Court, Cape Town

Case number

864/13

Judges

Dlodlo, Rogers

The court held that the sentence imposed by the magistrate—six months' imprisonment without the option of a fine—was excessive and contrary to established principles. The leading case of S v Nel makes clear that the primary purpose of punishment for contempt in facie curiae is to enforce the court's authority, not to exact retribution, and that heavy sentences are generally inappropriate. The court found that the magistrate erred by focusing on the personal nature of the insult rather than the dignity and authority of the court, and by treating the accused as if he were already guilty of the…

Source excerpt

• Contempt In Facie Curiae
• Sentencing Principles
• Magistrates Courts Act
• Summary Procedure