1) Overexcited commentators have asked why Jacob Zuma has not been arrested yet for contempt of court for announcing that he will defy a court order from the Constitutional Court. This question is based on a misunderstanding of civil contempt. (Thread)

2) Civil contempt occurs when a person defies a court order to do or not to do something. A court can order committal (imprisonment) for a person guilty of civil contempt, but only after a court made a finding to that effect in motion proceedings.

3) Con Court explained the law on this in its judgment in Matjhabeng Local Municipality v Eskom Holdings Limited and Others; Shadrack Shivumba Homu Mkhonto and Others v Compensation Solutions (Pty) Limited.

4) In such cases the respondent is not an accused person, but is entitled to analogous protections afforded by section 12(1) of the Constitution. (Whether fair trail rights contained in s 35 can also be invoked is not clear.

5) An applicant in contempt proceedings must prove all the requisites of contempt beyond reasonable doubt. However, “once the applicant has proved the order, service or notice, and non-compliance, the respondent bears an evidential burden in relation to wilfulness and mala fides”