Scribd
Upload
375 views5 pages

Contempt Ex Facie Curiae ( Committed "Outside The Face of The Court")

This document discusses different types of contempt ex facie curiae, which is contempt committed outside the face of the court. It outlines contempt in relation to pending cases, such as publishing information about a pending case, interfering with witnesses, or failing to appear in court. It also discusses contempt not related to pending cases, including scandalizing the court or failing to comply with a court order. The essential elements of contempt are listed as a judicial body or officer, unlawfulness, and intention. The standard of proof for contempt is beyond reasonable doubt.

Uploaded by

Rodney Ulyate
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
375 views5 pages

Contempt Ex Facie Curiae ( Committed "Outside The Face of The Court")

This document discusses different types of contempt ex facie curiae, which is contempt committed outside the face of the court. It outlines contempt in relation to pending cases, such as publishing information about a pending case, interfering with witnesses, or failing to appear in court. It also discusses contempt not related to pending cases, including scandalizing the court or failing to comply with a court order. The essential elements of contempt are listed as a judicial body or officer, unlawfulness, and intention. The standard of proof for contempt is beyond reasonable doubt.

Uploaded by

Rodney Ulyate
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 5

2.

Contempt ex facie curiae (= committed outside the face of the court)


(a) Contempt ex facie curiae in relation to pending cases: (i) Publication of Information regarding a pending case - sub judice - Midi Television v DPP (WC) 2007 (2) SACR 493 (SCA) (ii) Interference with Witnesses or the Court (iii) Failure to Appear in Court - S v Moshoeu 2007 (1) SACR 38 (T)

Contempt ex facie curiae cont


(b) Contempt ex facie curiae not referring to pending cases: (i) Scandalising the Court - S v Mamabolo 2001 (1) SACR 686 (CC)
- S v Moila 2005 (2) SACR 517 (T) / 2006 (1) SA 330 (T) (ii) Failure to Comply with an Order of Court

- Uncedo Taxi Service Association v Maninjwa


1998 (2) SACR 166 (E) - Fakie NO CCII Systems (Pty) Ltd 2006 (4) SA 326 (SCA) - H v M 2009 (1) SA 329 (W)

(iii) Obstructing Court Officials (iv) Simulating Court Processes

Essential Elements of the Crime:


1. 2. 3. 4. Contempt Judicial Body or Judicial Officer Unlawfulness Intention.

Standard of Proof
Proof beyond reasonable doubt required even in cases of civil contempt. See Fakie NO CCII Systems (Pty) Ltd 2006 (4) SA 326 (SCA).

See also:
D Pretorius Freedom of expression and the broadcasting of public enquiries and judicial proceedings. (2006) 123 SALJ 40.

You might also like