What is civil contempt?
Civil contempt is conduct that is not itself a crime but is conduct which is punishable by the court to ensure that court orders are observed. Deliberately disobeying an order of the court or breaching an undertaking given in the course of litigation are common examples of conduct that constitutes a civil contempt.
What constitutes a court order?
A court order is a legal document or proclamation in which a court tells a person to perform a specific act, prohibit him from performing an act or legally establishes something. Court orders are given in writing and signed by a judge or magistrates.
How does civil contempt differ from criminal contempt?
Criminal and civil contempt have different purposes, require different procedures and result in different sanctions. Criminal contempt is used to punish a person for violating a court order or interrupting or expressing disrespect for the court. Civil contempt, on the other hand, is intended to make someone obey a court order. The purpose of criminal contempt is punishment; the purpose of civil contempt is compliance. Criminal contempt punishes behaviour that already has occurred. Civil contempt tries to affect ongoing behaviour. Criminal contempt charges must be proven beyond a reasonable doubt, while civil contempt sanctions can be more indefinite, lasting until the resolution of the underlying case.
Consequences of violating a court order.
The consequences of violating a court order differ from case to case depending on what the Applicant prays for in the draft order. In practice, Applicants in contempt of court proceedings usually prays for a custodial sentence for the Respondent if he/she continues to be in breach of the court order.
How the Contempt Process Works
Civil contempt of court proceedings are instituted in terms of Rule 79 of the High Court Rules, 2021. The applicant must state distinctively the grounds of complaint which must be supported by an affidavit. The case of Mangwiro and Others v City of Harare HH 307/14 provided the requirements that the applicant has to provide when seeking an order for contempt of court. The requirements are; that an order was granted against the respondent, that the respondent is aware of the order and that the respondent willfully disobeyed or neglected to comply with it.