South Africa Case Law

S v Burger (R15/20)

S v Burger (R15/20) [2020] ZANCHC 73 (30 October 2020)

Court

Northern Cape High Court, Kimberley

Case number

R15/20

Judges

Lever AJ, Williams J

The court held that the summary conviction and sentencing of the accused for contempt of court in facie curiae, without affording him the rights guaranteed under section 35(3) of the Constitution, constituted a fundamental departure from the requirements of fairness and justice. The exception to the audi alterem partem principle, as previously recognised in pre-constitutional jurisprudence, cannot survive under the current constitutional dispensation. The accused was not given an opportunity to address the contempt charge or present mitigating circumstances, and the summary procedure adopted…

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• Contempt Of Court
• Summary Procedure
• Right To Fair Trial
• Audi Alterem Partem
• Mitigation Of Sentence

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 James (17/18)

S v James (17/18) [2018] ZAECBHC 10; 2019 (1) SACR 95 (ECB) (7 September 2018)

Court

Eastern Cape High Court, Bhisho

Case number

17/18

Judges

Hartle, Smith, D Van Zyl

The High Court set aside a summary contempt conviction because the accused was not properly warned or heard, but confirmed the assault conviction and sentence.

• Contempt Of Court
• Summary Procedure
• Audi Alteram Partem
• Assault With Intent To Do Grievous Bodily Harm
• Contempt-of-court
• Summary-procedure

S v Lekalakala (113/2017)

S v Lekalakala (113/2017) [2017] ZALMPPHC 36 (9 November 2017)

Court

Limpopo High Court, Polokwane

Case number

113/2017

Judges

G.C Muller, AML Phatudi

The High Court found that the magistrate failed to comply with the procedural safeguards required for summary contempt proceedings under section 108(1) of the Magistrates' Court Act. The accused was not properly informed of the charge, his constitutional rights, or given an opportunity to adduce evidence or address the court in mitigation. The absence of a recorded transcript further undermined the fairness of the proceedings. The conduct of the accused constituted misbehavior in court, but the summary procedure was not properly followed, rendering the conviction and sentence invalid. The sen…

Source excerpt

• Contempt Of Court
• Summary Procedure
• Misbehavior In Court
• Constitutional Rights
• Magistrates Courts Act

S v Van Bontes (320/17)

S v Van Bontes (320/17) [2017] ZAGPPHC 885 (31 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

320/17

Judges

C J Van der Westhuizen, H De Vos

On special review, the High Court reduced a 6-month contempt sentence to 3 months, ante-dated to 18 July 2017, after a disruptive courtroom altercation.

• Contempt Of Court
• Summary Procedure
• Sentencing Principles
• Contempt-of-court
• Criminal-sentencing
• Special-review

S v Sidawu (71/2016)

S v Sidawu (71/2016) [2016] ZAGPJHC 258 (22 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

71/2016

Judges

Satchwell, Moshidi

On automatic review, the High Court upheld a contempt finding against Gideon Sidawu but found the four-month jail term excessive and substituted ten days, already served.

• Contempt Of Court
• Summary Procedure
• Sentencing
• Magistrates Court Act
• Contempt-of-court
• Criminal-review

S v Camara (115/2015)

S v Camara (115/2015) [2015] ZAGPJHC 263 (21 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

115/2015

Judges

Satchwell, Weiner

The High Court set aside a summary contempt conviction because the magistrate should have used a proper prosecution process rather than immediate contempt proceedings.

• Contempt Of Court
• Summary Procedure
• Fair Trial Rights
• Contempt-of-court
• Summary-procedure
• Fair-trial-rights

S v Motaung (29/2014)

S v Motaung (29/2014) [2014] ZAFSHC 108 (7 August 2014)

Court

Free State High Court, Bloemfontein

Case number

29/2014

Judges

H. Murray, J.P. Daffue

The court held that the administrative requirements of Section 108(2) of the Magistrates' Court Act, namely the provision of a certified statement of reasons and furnishing it to the accused, are not indispensable to the validity of summary contempt proceedings under Section 108(1). The judicial officer's letter, although not formally certified or furnished to the accused, was corroborated by the record and did not result in injustice. The accused's conduct during the trial, including repeated interruptions, refusal to obey court orders, and disrespectful remarks, constituted wilful contempt…

Source excerpt

• Contempt Of Court
• Summary Procedure
• Magistrates Court Act
• Audi Alteram Partem
• Sentencing Principles

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

S v Bock (43/2012)

S v Bock (43/2012) [2012] ZANCHC 49 (14 December 2012)

Court

Northern Cape High Court, Kimberley

Case number

43/2012

Judges

MV Phatshoane, BM Pakati

High Court review of a summary contempt conviction under section 108 was upheld as unfair and irregular, with both convictions and sentences set aside.

• Contempt Of Court
• Summary Procedure
• Fair Trial Rights
• Recusal
• Miscarriage Of Justice
• Contempt-of-court