CHAPTER XI
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
181 Interpretation in Chapter XI
In this Chapter—
“court” means—
(a) the Supreme Court; or
(b) the High Court; or
(c) the Administrative Court; or
(d) the Labour Court established in terms of section 84 of the Labour Act [Chapter 28:01];
(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23.05]; or
(f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23.06]; or
(g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property Tribunal Act [Chapter 26.08];
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7.10]; or
(i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7.05]; or
(j) any other court or tribunal, which is established by or in terms of any enactment and which exercises judicial or quasi-judicial functions;
“escaped person” means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section;
“judicial proceedings” means proceedings of a court, whatever the nature of such proceedings; “oath” means
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings; or
(b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose of judicial proceedings; or
(c) an admonition lawfully administered to a person in place of an oath in the course of or for the purpose of judicial proceedings;
“officer of court” means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness;
“prison” has the meaning given to that term in section 2 of the Prisons Act [Chapter 7.11];
“reward” means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it.
182 Contempt of court
(1) Any person who, by any act or omission, impairs the dignity, reputation or authority of a court
(a) intending to do so; or
(b) realising that there is a real risk or possibility that his or her act or omission may have such an effect; shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
(2) Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts
(a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for the purpose of giving evidence or producing any document or thing before the court
(i) intentionally or through negligence failing to attend the court in accordance with the summons; or
(ii) and having attended the court, refusing to give evidence or to produce the document or thing, as the case may be; or
(iii) refusing as a witness to answer any question put to him or her which he or she is lawfully required to answer;
(b) obstructing, interrupting or disturbing judicial proceedings;
(c) misbehaviour in court;
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
(e) knowingly contravening or failing to comply with any order of a court which is given during or in respect of judicial proceedings and with which it is his or her duty to comply;
(f) by words, conduct or demeanour pretending to be an officer of the court;
(g) issuing or publishing to any other person a document that purports to be issued by or emanate from a court, knowing that the document is not issued by or does not emanate from the court concerned;
(h) publishing evidence that has been given in camera or which the court has ordered should not be published.
(3) It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court.
183 Perjury
(1) Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral
(a) knowing that the statement is false; or
(b) realising that there is a real risk or possibility that it may be false;
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
(2) For the purpose of subsection (1)—
(a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts;
(b) it shall be immaterial that—
(i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings; or
(ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned; or
(iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned.
(3) Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that—
(a) the person made a false statement, whether or not either statement has actually been proved to have been false; and
(b) the person knew the falsity thereof;
unless the person proves that when he or she made each statement he or she genuinely believed that it was true.
184 Defeating or obstructing the course of justice
(1) Any person who—
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed; or
(b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such; or
(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement; or
(d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false; or
(e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed; or
(f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false; or
(g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty; or
(Ii) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime;
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in—
(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
(ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both;
(iii) paragraph (b), (c) or (Ii) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
(2) For the purposes of subsection (1), and without limiting that provision in anyway—
(a) judicial proceedings are defeated when an innocent person is convicted or a guilty person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant or respondent unjustly fails to succeed;
(b) judicial proceedings or the investigation of any crime are obstructed when the judicial proceedings or investigations are impeded or interfered with in any way.
(3) Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath.
(4) If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice.
Offences against administration of justice
National penalties - offences against the administration of justice
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