| Case ID |
26565609-09c4-4905-bb8f-ae580c0e3d23 |
| Body |
View case body. Login to View |
| Case Number |
CCT 217/15 and CCT 99/16 |
| Decision Date |
Sep 26, 2017 |
| Hearing Date |
Mar 02, 2017 |
| Decision |
The Supreme Court of Pakistan addressed the procedural and substantive issues surrounding contempt of court, particularly concerning the requirements for establishing contempt when allegations arise outside the court's direct observation. The court emphasized the necessity of ensuring procedural fairness and the importance of the rights to freedom and security of individuals involved. The court found that the contempt orders against the officials were not justified, as the necessary elements of wilfulness and mala fides were not proven. As a result, the court set aside the previous contempt rulings and emphasized the need for proper joinder of parties in such proceedings. |
| Summary |
This case involves the Supreme Court of Pakistan's examination of contempt of court applications concerning the Matjhabeng Local Municipality and the Compensation Commissioner. It highlights the complexities of contempt proceedings, especially regarding the rights of individuals in their personal capacity versus their official roles. The court scrutinized the procedural adequacy and fairness of the contempt applications, emphasizing that non-compliance must be shown to be willful and in bad faith. The ruling stressed the importance of proper legal representation and the potential consequences of contempt, including imprisonment. Key issues included the standard of proof required for contempt and the necessity of personal joinder of officials involved in the non-compliance. The decision ultimately reinforces the principles of justice and fairness in legal proceedings, ensuring that individuals are not arbitrarily deprived of their rights. This case serves as a crucial reference point for future contempt proceedings, particularly in public administration contexts, and underscores the ongoing need to balance enforcement of court orders with individual rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Department of Labour,
State Attorney, Pretoria
|
| Judges |
NKABINDE ADCJ,
Cameron J,
Froneman J,
Jafta J,
Khampepe J,
Madlanga J,
Mhlantla J,
Mojapelo AJ,
Pretorius AJ,
Zondo J
|
| Lawyers |
W R Mokhare SC,
A E Ayayee,
M Koza SC,
N Moloto,
N A Cassim SC,
S K Hassim SC,
M A Dewrance,
P G Robinson SC
|
| Petitioners |
Matjhabeng Local Municipality,
Shadrack Shivumba Homu Mkhonto
|
| Respondents |
Eskom Holdings Limited,
Compensation Solutions (Pty) Limited
|
| Citations |
2018 SLD 93,
2018 SCMR 100
|
| Other Citations |
Fakie N.O. v CCII Systems (Pty) Ltd [2006] ZASCA 52,
Meadow Glen Home Owners Association v City of Tshwane Metropolitan Municipality [2014] ZASCA 209,
Burchell v Burchell [2005] ZAECHC 35
|
| Laws Involved |
Not available
|
| Sections |
Not available
|