Judgment No. CCZ 11/15 3
Const. Application No. CCZ 28/11
(1) of that Constitution. The applicant, however, seems to have abandoned this argument
since no reference to it is made in his heads of argument.
He accordingly seeks a permanent stay of proceedings, alternatively or
additionally that s 182 (1) of the code be declared null and void.
Section 182 (1) of the Code reads as follows:“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.”
The applicant submits that his arrest and prosecution resulted in the
infringement of the following of his rights, guaranteed in terms of the old Constitution;
(i)
freedom of expression (s 20 (1))
(ii)
freedom of association (s 21 (1))
(iii)
protection from discrimination (s 23)
I will consider each of these rights in relation to the charges preferred against
the applicant.
Freedom of Expression
Freedom of expression is a right which was protected under s 20 (1) of the old
Constitution, which read as follows: