(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act
[Chapter 23:05]; or
(f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax
Act [Chapter 23:06]; or
(g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property
Tribunal Act [Chapter 26:08];
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7:10]; or
(i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7:05];
or
(j) any other court or tribunal, which is established by or in terms of any enactment and which
exercises judicial or quasi-judicial functions;
“escaped person” means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred
and eighty-five who has escaped from lawful custody in contravention of that section;
“judicial proceedings” means proceedings of a court, whatever the nature of such proceedings;
“oath” means
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings;
or
(b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose
of judicial proceedings; or
(c) an admonition lawfully administered to a person in place of an oath in the course of or for the
purpose of judicial proceedings;
“officer of court” means any person who performs official duties in any court or in connection with judicial
proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a
person whose duties extend only to appearing in court as a witness;
“prison” has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11];
“reward” means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is
not due to the person who receives it.
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.
(2) Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by
doing any of the following acts
(a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for
the purpose of giving evidence or producing any document or thing before the court
(i) intentionally or through negligence failing to attend the court in accordance with the summons;
or
(ii) and having attended the court, refusing to give evidence or to produce the document or thing, as
the case may be; or
(iii) refusing as a witness to answer any question put to him or her which he or she is lawfully
required to answer;
(b) obstructing, interrupting or disturbing judicial proceedings;
(c) misbehaviour in court;
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
(e) knowingly contravening or failing to comply with any order of a court which is given during or in
respect of judicial proceedings and with which it is his or her duty to comply;
(f) by words, conduct or demeanour pretending to be an officer of the court;
(g) issuing or publishing to any other person a document that purports to be issued by or emanate from a
court, knowing that the document is not issued by or does not emanate from the court concerned;
(h) publishing evidence that has been given in camera or which the court has ordered should not be
published.
(3) It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of
subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of
justice, the conduct of a judicial officer, or any decision or proceedings of a court.
183 Perjury
(1) Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon
oath, whether the statement is written or oral
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