Legal distinctions between civil and criminal contempt in South Africa

In a significant ruling, the Gauteng High Court clarified the legal distinction between civil and criminal contempt, emphasizing that a finding of civil contempt does not equate to a criminal conviction under South African law. This decision arose from a case involving Native Child, a South African hair design and products company, and social media influencer Mary Oluwatobiloba Akinwale.

The court had previously ordered Akinwale to remove defamatory posts about Native Child from her social media platforms. Upon her failure to comply, the company sought to hold her in contempt of court, requesting that the Pretoria Central Police Station record her as “guilty of the crime of contempt” and include this in her criminal record. Additionally, they sought a 30-day prison sentence.

Acting Judge Karin Strydom expressed concern over the conflation of civil contempt with criminal proceedings, noting that the relief sought appeared to treat the contempt proceedings as a criminal trial. She highlighted that the purpose of civil contempt is to uphold the authority of the court, not to criminalize individuals in civil disputes.

The judge’s ruling underscores the importance of understanding the legal nuances between civil and criminal contempt, particularly regarding the potential long-term implications for individuals’ criminal records.