Els v Weideman and Others

The appellant, Christiaan Jurie Els, a well-known South African singer, obtained an interim interdict from the South Gauteng High Court prohibiting the publication of a draft magazine article containing allegations that he had sexually molested another singer, Robbie Klay. Despite the interdict, editions of Huisgenoot and You magazines—edited by the first respondent and published by the second respondent, Media 24—were later published with a cover, editorial, and truncated articles that conveyed the substance of the prohibited article, albeit with redactions intended to obscure Els’ identity. Els instituted contempt of court proceedings in the Western Cape High Court against the editor, publisher, and editorial head. The High Court dismissed the application, primarily on the basis that it lacked jurisdiction and, in the alternative, that there was no contempt on the merits. Els appealed to the Supreme Court of Appeal.

The appeal succeeded against the first and second respondents, who were convicted of contempt of court. The appeal was dismissed against the third respondent. The order of the High Court was set aside and replaced with an order convicting the first and second respondents of contempt. The matter was remitted to the High Court to determine appropriate sanctions and costs. The first and second respondents were ordered to pay the costs of the appeal jointly and severally.

This case is significant for clarifying that High Court orders are enforceable nationwide and that contempt proceedings need not be brought only in the court that issued the original order. It also affirms that media respondents cannot evade an interdict by publishing edited or piecemeal versions that convey the substance of prohibited material, reinforcing the authority of court orders over media publication decisions.