Noisy man sues magistrate for lock-up

2012-10-10 09:23

Pretoria - An Mpumalanga man is suing an Ermelo magistrate for R50 000 after he was thrown into a court cell for a few hours because he wouldn’t stop talking and making a noise in court.

The Pretoria News reported that Peace Mbokane claimed his arrest was “malicious”.

He was told to leave the cell after a few hours and informed that he wouldn’t be charged.

Magistrate Samuel Hallatt said that he had been surprised to find out he was being sued by Mbokane.

He told the court that he had repeatedly warned Mbokane and others to keep quiet in court but they wouldn’t listen. Mbokane, in particular, ignored his request.

The Ermelo Magistrate’s Court was very busy and known as the court with the highest productivity in the country, he said.

The last straw was when Mbokane slammed the door to the court.

He said Mbokane behaved “like a naughty child”.

  • aarchaic - 2012-10-10 09:30

    its contemp of Court, it will be thrown out of court and he will not be R50 000 richer but a huge hole in his pocket for legal fees...

      bloulig.brigadeer.3 - 2012-10-10 09:42

      No culture these hooligans...

      ann.murray.9279 - 2012-10-10 09:59

      'RULE' of law???!!! :)

      Rabbler.Rouser - 2012-10-10 10:18

      The magistrate is fully entitled to place anybody into the cell for contempt of court. Mbokane will just have to learn the hard way. - 2012-10-10 14:27

      Rabble... which statute stipulates that?

      aarchaic - 2012-10-10 15:28

      Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process. A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Direct contempt is an unacceptable act in the presence of the judge (in facie curiae), and generally begins with a warning, and may be accompanied by an immediate imposition of punishment. Yawning in some cases can be considered contempt of court.[4]

      emilyjane.elson - 2012-10-10 20:42

      Tshepo, many people who haven't even studied law know what that is. Just because you don't know does NOT mean you are exempt.. He should've shut his trap! Have SOME respect for legal proceedings.. ex·empt/ig'zem(p)t/ Adjective: Free from an obligation or liability imposed on others.

  • JManAtheoi - 2012-10-10 09:37


  • Rhulani Coleman Mkhwanazi - 2012-10-10 09:55

    Intervene, obstruct and disturb court process is an serious allegation. This dude must just be locked up. He is tjatjarag.

      romeo.mahlalela - 2012-10-10 10:56


      tshepho.langa.7 - 2012-10-31 23:57

      That man is \tlatlarag\ .no R50000 he will nothing 4 mahala in mzanzi and all he deserve is to stay in a cell 4 the rest of his life

  • eyesears.handsfeet - 2012-10-10 11:37

    Well what the hell do you expect Hallatt. The Supreme Court of Appeal are making a()holes out of you guys, right through the whole justice system. Rather start with the root cause than the one at the bottom to vent your frustration.

  • gerrit.vanpletzen - 2012-10-10 11:46

    He should be ordered to pay the legal costs of the magistrate as well.

  • jackie.m.dickson - 2012-10-10 13:19

    I am wondering if its possible to be ignorant and arrogant at the same time? Or is this just brainless? What a tosser. I hope he gets a fat fine.

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