Neville Charles Cooper v The State

The appellant and the complainant were former partners with a minor child. A dispute arose regarding the child’s schooling. A facilitator directed that the child attend Melkbosstrand Private School, which directive was accepted as binding. An interim Children’s Court order of 21 November 2014 required the appellant to pay additional school-related fees to ensure enrolment at that school. The appellant was charged with two counts of contempt of court for non-compliance with this order during two periods. He was convicted on both counts in the Magistrates’ Court and sentenced to periodical imprisonment. The sentence was altered on special review to 2000 hours’ periodical imprisonment. Applications for leave to appeal against conviction and sentence were refused by both the Magistrates’ Court and the High Court. The appellant then appealed to the Supreme Court of Appeal against the refusal of leave to appeal.

The appeal was upheld in part. The High Court order dismissing the petition for leave to appeal in respect of count 1 was set aside and replaced with an order granting the appellant leave to appeal to the Western Cape Division of the High Court against his conviction on count 1 and the sentence imposed. Leave to appeal was refused in respect of count 2.

The case clarifies the application of the test for leave to appeal in contempt of court matters and reinforces the requirement that wilfulness and mala fides must be proved beyond reasonable doubt. It illustrates how suspension of court orders and reliance on legal advice may negate the element of wilfulness, while deliberate defiance of a court order will sustain a contempt conviction.