Contempt of Court

Contempt of court is the failure to obey a court order or an act that shows a disregard for the authority of the court or judge. It includes, for example, failing to comply with a subpoena that has been properly addressed and served on a person [see for example Joint Criminal Rules 2022 (SA) r 127.1]. This is a common law offence, and the procedures that apply can be found in the relevant court rules [see for example Joint Criminal Rules 2022 (SA) Part 12 rules 48.1 - 51.4].

A person in contempt may face a fine, or imprisonment, or both.

Disrespectful Conduct in Court

A person who is a party to proceedings in court must not intentionally engage in disrespectful conductbefore the court during the proceedings [Summary Offences Act 1953 (SA) s 60(1)].

Maximum penalty: $1,250 or imprisonment for 3 months

Disrespectful conduct includes [s 60(9)]:

A person must first be warned by the court that the person's conduct may result in a charge [s 60(2)].

It is a defence to an offence against s 60(1) if the conduct of the person charged was due to cognitive impairment(including mental illness) or physical disability [s 60(3)].

The offence under s 60 does not apply to children in the Youth Court [s 60(8)].