Contempt of court has been a hot topic recently. However, many South Africans are still unaware of what contempt of court is and how it can impact them. Contempt of court can occur in many different ways, and to make sure that we are not found in contempt, we first need to know what it is and what constitutes contempt.

Contempt, by definition, means: to be disobedient or disrespectful either towards the court itself or the officers of the court. Disobedience in terms of the court proceedings is also a form of contempt.

Most people believe that contempt of court only applies to criminal matters. However, it should be noted that contempt of court can be linked with civil proceedings as well as criminal proceedings. For example, when one exhibits behaviour that disregards an order of the court, this is an example of contempt.

The two main categories of contempt of court

The two main categories of contempt of court are criminal contempt and civil contempt. Criminal contempt is when a person behaves in a manner that disgraces the court's authority, and civil contempt is when someone acts in a disobedient manner towards the court. In both instances of contempt of court can be punished as a crime.

There are many alternative remedies in a civil proceeding that can be considered before you apply for someone to be found in contempt of court. As mentioned, contempt is punishable as a crime, whether in a civil or criminal action. Furthermore, the contemnor, someone in contempt, could be unjustifiably be deprived of their freedom or without cause if an alternative could have been utilized.

There is a frustrating issue between the need for a remedy as contempt of court as it is necessary to protect the rule of law and the authority of the court and the rights and interest of someone found in contempt. This is due to the issue that arises when non-compliance with a civil order of the court is a form of contempt and is punishable as a crime and can result in imprisonment.

Conclusion

In conclusion, our behaviour needs to be aligned with the values envisaged by the Constitution and to do so; we have to act with respect towards our courts and their proceedings. Therefore, to make sure that you are not acting in a manner that can be determined to be in contempt, consult with a legal professional when faced with any type of legal issue. Contact an attorney at SchoemanLaw for your legal needs.

Written by Cheralco Worship. Candidate Attorney, Schoeman Law