Contempt of Court: A Comparative Study Between South Africa and Ethiopia

by Open Science Repository Law
(August 2013)

Abstract


The crime of contempt of court deals with unlawfully and intentionally violating the dignity, repute or authority of the court. Punishing contempt of court as a crime has the objective of promoting obedience and respect by society towards the court so that it can attain its mission successfully. On the other hand, punishing the crime of contempt of court has an impact upon the constitutional rights of the accused: it limits her/his constitutional rights. This procedure of punishment, summary procedure, limits the constitutional right to a fair trial of the citizen provided in most constitutions. Farther contempt of court outside the room of the court, ex facie curiae contempt of court, also has the effect of limiting other constitutional rights among which the right to free speech and media is one. Hence, "When and how should the court punish an act of contempt of court so that one can say it is a justifiable limitation?" is the point of this article.

Keywords: contempt, accused, court, fair trial, in facie curiae, ex facie curiae.

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Contempt of Court: A Comparative Study Between South Africa and Ethiopia

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