The Sheriff of the High Court: Giyani (Sydney Herbert Park, an Officer of the Court) v Renky Thulani Makhubele

The appellant, the Sheriff of the High Court, Giyani, was ordered by the Limpopo Division of the High Court on 26 July 2023 to release and pay over proceeds of R219 541.41 from a sale in execution to the respondent within 48 hours. The sheriff applied for leave to appeal that order. After leave to appeal was refused on 5 September 2023, the sheriff indicated an intention to petition the President of the Supreme Court of Appeal in terms of s 17(2)(b) of the Superior Courts Act 10 of 2013 and did not immediately transfer the funds. The respondent launched urgent contempt proceedings, contending that the sheriff’s refusal to comply constituted wilful and mala fide contempt. The High Court found the sheriff in contempt, imposed a suspended fine, and ordered costs. The sheriff appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order finding the appellant in contempt of court was set aside and replaced with an order dismissing the application for contempt of court with costs.

The case clarifies the interaction between contempt of court and appellate procedures under the Superior Courts Act. It underscores that, while court orders must generally be obeyed unless suspended, contempt proceedings require strict proof of wilfulness and mala fides beyond a reasonable doubt. The judgment cautions against the use of punitive contempt proceedings where appellate remedies are being pursued within prescribed statutory time periods, thereby reinforcing procedural fairness in civil contempt matters.