High Court rules on civil contempt: Implications for criminal records

A CIVIL court's finding of contempt - even if accompanied by a sanction such as a fine or a stint in jail - does not constitute a criminal conviction under the Criminal Procedure Act - which means that the person found to be in civil contempt cannot have a criminal record.

- ZELDA VENTER

This was the finding of the Gauteng High Court, Pretoria, which took a closer look at South Africa's common law. This followed when South African hair brand Native Child earlier won its case against social media influencer Mary Oluwatobiloba Akinwale.

She was ordered to remove certain posts regarding the hair brand from social media. Akinwale did not totally adhere to the order, and Native Child returned to court to hold her in contempt, coupled with a prison sentence.

The business, which promoted and sold its products over the internet and in some of the big retail stores, complained that Akinwale badmouthed the company on social media. It first went to court in 2023 after Akinwale, who worked for the company for a short while, made a series of videos and posts, accusing the company of unethical conduct and mistreatment.