Crimes against Administration of justice
Contempt of court in facie curiae (that is contempt in the court-literally-in the face of
the court)
Contempt of court ex facie curiae (conduct outside the courtroom)
The underlying rationale for the crime of contempt is to protect the dignity and
institution of courts and the Administration of Justice. If the dignity and structure of
courts are not respected, the justice system will not be able to function and in the
long run it will collapse.
Contempt of court in facie curiae
It is committed when a person who is inside the court insults the presiding judicial
officer (Judge or Magistrate) or otherwise misbehaves in a manner calculated to
violate the dignity of the court or the judicial officer while the court is engaged in its
proceedings.
The accused must have the necessary intention to insult or misbehave (clark 1958
(3) SA 394 (A)
SV LEWIS
In this case the appellants cell phone rang in court and he answered it on his way
out of court. Upon conviction, he was sentenced to 1 (one) month’s imprisonment.
The Supreme court of Appeal, however, held that the Accused did not have the
intent to disrupt court proceedings.
The power of the court to act against the accused is somehow controversial in that
the presiding officer can act against the accused without having to wait for the
accused to be investigated and the prosecuted for this crime by the prosecutor.
In other words the presiding officer is the investigator, prosecutor and judge for
purposes of this crime. S 108 of the magistrates act!
Now since the prising officer in matters of contempt of court in facie curiae are both
“prosecutors and judges” care should be taken to strike a balance between the need
to protect the dignity of the court on the one hand, and the rights of the accused on
the other.
S v Mitchell 2011 (2) SACR 182 (ECP) In this case the accused swore the
prosecutor. This happened while the accused was having his finger prints taken in
court. The magistrate intervened and told the accused to stop and apologise . The
accused refused. And dared the magistrate to punish him….. He was convicted to 6
months impr.
On appeal the conviction was confirmed but sentenced was reduced!
IMPORTANT TO NOTE: that since the presiding officer is both prosecutor and judge
in cases of contempt of court in facie curiae, the accused must be given the
, opportunity to explain to the presiding officer why he should not be convicted of
contempt.
Contempt of court ex facie curiae
The forms of contempt of court ex facie curiae are normally divided into two groups:
Conduct that refers to pending cases
Conduct that does not refer to pending cases
Both forms of contempt can only be committed intentionally. However if the accused
is a newspaper editor who is charged with contempt of court ex facie curiae for the
publication of commentary or report concerning a pending case (in other words a
violation of the sub judice rule), negligence will be enough for a conviction.
….pending cases
This form of contempt is often described as a violation of the so-called sub judice
rule. This means that no one should publish anything about a pending case or a
comment on case where the publication or commentary is potentially prejudicial to
the outcome of the case.
Of course, newspapers report about pending cases all the time, but the tone and aim
of the reporting must be factual, rather than a form of comment which would be
prejudicial. Note that this is in conflict with S16 (1) of the 96 constitution.
Remember we need to protect the dignity and integrity of the legal process and also
the rights of the accused which are to be protected by the court.
Interference with witness or the presiding officer
It is a crime to improperly influence or attempt to influence a judge, magistrate, an
assessor, witnesses, witnesses, complainant e.t.c
Yes it does overlap with the crime of corruption
Failure to appear in court
If a person is summoned to appear in court but fails to do so intentionally and for no
good reason. That individual will be prosecuted for contempt of court (ex facie
curiae)
Scandalising the court S v Mamabolo 2001
Please make time to read on this. It will be discussed on the next occasion. Tell me
your views based on what you have read!
elements
(a) (i) violation of the dignity
Contempt of court in facie curiae (that is contempt in the court-literally-in the face of
the court)
Contempt of court ex facie curiae (conduct outside the courtroom)
The underlying rationale for the crime of contempt is to protect the dignity and
institution of courts and the Administration of Justice. If the dignity and structure of
courts are not respected, the justice system will not be able to function and in the
long run it will collapse.
Contempt of court in facie curiae
It is committed when a person who is inside the court insults the presiding judicial
officer (Judge or Magistrate) or otherwise misbehaves in a manner calculated to
violate the dignity of the court or the judicial officer while the court is engaged in its
proceedings.
The accused must have the necessary intention to insult or misbehave (clark 1958
(3) SA 394 (A)
SV LEWIS
In this case the appellants cell phone rang in court and he answered it on his way
out of court. Upon conviction, he was sentenced to 1 (one) month’s imprisonment.
The Supreme court of Appeal, however, held that the Accused did not have the
intent to disrupt court proceedings.
The power of the court to act against the accused is somehow controversial in that
the presiding officer can act against the accused without having to wait for the
accused to be investigated and the prosecuted for this crime by the prosecutor.
In other words the presiding officer is the investigator, prosecutor and judge for
purposes of this crime. S 108 of the magistrates act!
Now since the prising officer in matters of contempt of court in facie curiae are both
“prosecutors and judges” care should be taken to strike a balance between the need
to protect the dignity of the court on the one hand, and the rights of the accused on
the other.
S v Mitchell 2011 (2) SACR 182 (ECP) In this case the accused swore the
prosecutor. This happened while the accused was having his finger prints taken in
court. The magistrate intervened and told the accused to stop and apologise . The
accused refused. And dared the magistrate to punish him….. He was convicted to 6
months impr.
On appeal the conviction was confirmed but sentenced was reduced!
IMPORTANT TO NOTE: that since the presiding officer is both prosecutor and judge
in cases of contempt of court in facie curiae, the accused must be given the
, opportunity to explain to the presiding officer why he should not be convicted of
contempt.
Contempt of court ex facie curiae
The forms of contempt of court ex facie curiae are normally divided into two groups:
Conduct that refers to pending cases
Conduct that does not refer to pending cases
Both forms of contempt can only be committed intentionally. However if the accused
is a newspaper editor who is charged with contempt of court ex facie curiae for the
publication of commentary or report concerning a pending case (in other words a
violation of the sub judice rule), negligence will be enough for a conviction.
….pending cases
This form of contempt is often described as a violation of the so-called sub judice
rule. This means that no one should publish anything about a pending case or a
comment on case where the publication or commentary is potentially prejudicial to
the outcome of the case.
Of course, newspapers report about pending cases all the time, but the tone and aim
of the reporting must be factual, rather than a form of comment which would be
prejudicial. Note that this is in conflict with S16 (1) of the 96 constitution.
Remember we need to protect the dignity and integrity of the legal process and also
the rights of the accused which are to be protected by the court.
Interference with witness or the presiding officer
It is a crime to improperly influence or attempt to influence a judge, magistrate, an
assessor, witnesses, witnesses, complainant e.t.c
Yes it does overlap with the crime of corruption
Failure to appear in court
If a person is summoned to appear in court but fails to do so intentionally and for no
good reason. That individual will be prosecuted for contempt of court (ex facie
curiae)
Scandalising the court S v Mamabolo 2001
Please make time to read on this. It will be discussed on the next occasion. Tell me
your views based on what you have read!
elements
(a) (i) violation of the dignity
