Civil Procedure

Contempt of Court

Contempt of court is the wilful failure or refusal to comply with a court order. It can result in a fine or imprisonment and is treated seriously because it undermines the rule of law.

Legal Definition

Any conduct that wilfully disobeys a court order, disrespects judicial authority, or scandalises the court. Civil contempt (e.g., failing to pay maintenance) and criminal contempt (e.g., disrupting proceedings) are both recognised in South African law.

📖 Constitutional / Statutory Basis: Section 165 (judicial authority), Constitution of the Republic of South Africa, 1996

Practical Example

A court orders your ex-spouse to pay maintenance. They refuse to pay for three months. You can apply to have them held in contempt — the court can impose a fine or even imprisonment.

Frequently Asked Questions

What must I prove for a contempt application?

You must prove: (1) existence of an order, (2) service of the order on the respondent, (3) failure to comply, (4) that non-compliance was wilful.

Can a company be held in contempt?

Yes. A company's responsible officer (director or manager) can be held personally in contempt for corporate non-compliance.

Is contempt criminal or civil?

Both are possible. Civil contempt is coercive (to force compliance). Criminal contempt is punitive (to punish disobedience).

Related Terms

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