| Citation(s) |
|---|
| 2018 SLG 93 2018 SLD 93 2018 SCMR 100 |
Case Nos. CCT 217/15 and CCT 99/16, decision Date : 26-09-2017, hearing Date : 02-03-2017
NKABINDE ADCJ, CAMERON, J, FRONEMAN, J, JAFTA, J, KHAMPEPE, J, MADLANGA, J, MHLANTLA, J, MOJAPELO AJ, PRETORIUS AJ AND ZONDO, J
W R Mokhare SC and A E Ayayee instructed by Majavu Attorneys for Matjhabeng Local Municipality (in CCT 217/15). M Koza SC and N Moloto instructed by Phatshoane Henney Incorporate for Eskom Holdings Limited (in CCT 217/15). N A Cassim SC, S K Hassim SC and M A Dewrance instructed by the State Attorney, Pretoria for Shadrack Shivumba Homu Mkhonto, Compensation Commissioner, Director-General, Department of Labour and Minister of Labour (in CCT 99/16). P G Robinson SC instructed by Quiryn Spruyt Attorneys for Compensation Solutions (Pty) Limited (in CCT 99/16).
MATJHABENG LOCAL MUNICIPALITY & OTHERS
VS
ESKOM HOLDINGS LIMITED & OTHERS
Law:
Section:
(a) Contempt of court--- ----Civil proceedings---Disobedience of court order---Disobeying a court order unlawfully and intentionally was a crime---Wilful disobedience of an order made in civil proceedings was both contemptuous and a criminal offence---All contempt of court, even civil contempt, may be punishable as a crime. Fakie N.O. v CCII Systems (Pty) Ltd [2006] ZASCA 52; 2006 (4) SA 326 (SCA); Meadow Glen Home Owners Association v City of Tshwane Metropolitan Municipality [2014] ZASCA 209; 2015 (2) SA 413 (SCA) (Meadow Glen) at para 35 and Burchell v Burchell [2005] ZAECHC 35 ref. (b) Contempt of court--- ----"Civil and criminal" contempt---Distinction---Criminal contempt brought the moral authority of the judicial process into disrepute and as such covered a multiplicity of conduct interfering in matters of justice pending before a court---Criminal contempt thereby created serious risk of prejudice to the fair trial of particular proceedings---Civil contempt, in contrast, involved the disobedience of court orders---Continued relevance of the distinction between civil and criminal contempt also seemed to lie, on occasion, in the ability to settle the dispute and to waive contempt. (c) Contempt of court--- ----Civil contempt--- Committal--- Scope--- Not every court order warranted committal for contempt of court in civil proceedings---Relief in civil contempt proceedings could take a variety of forms other than criminal sanctions, such as declaratory orders, mandamus, and structural interdicts---All of the said remedies played an important part in the enforcement of court orders in civil contempt proceedings---Objective of said remedies was to compel parties to comply with a court order---In some instances, however, the disregard of a court order may justify committal, as a sanction for past non-compliance---Committal may be necessary because breaching a court order, wilfully and with mala fides, undermined the authority of the courts and thereby adversely affected the broader public interest. Burchell v Burchell [2005] ZAECHC 35 at para 34; Cape Times Ltd v Union Trades Directories (Pty) Ltd 1956 (1) SA (NPD) at 120A-C and Fakie N.O. v CCII Systems (Pty)…
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