Browsing by Author "Phahle, Sello Ivan"

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    The sub judice rule in South Africa: a tool for justice or a shield for the powerful?
    (University of the Witwatersrand, Johannesburg, 2023) Phahle, Sello Ivan; Albertyn, Cathi
    This research report delves into the sub judice rule in the South African context and its impacts on the constitutional right of freedom of expression. The report analyses how elected officials wield the sub judice rule as a protective barrier to responding to questions that relate to matters before a competent court involving them, which tends to happen in cases where there is no actual risk of prejudicing the proper administration of justice by providing answers to the questions posed. This report argues that the misapplication of the sub judice rule undermines the fundamental principles of accountability, transparency, and openness, which are the cornerstones of our democracy, and also infringes the mandate of the media to communicate information to the public and the public’s right to access and consume such information. It further contends that the continued abuse and misuse of the rule calls for its reform through legislative measures. Such legislation must delineate circumstances in which the rule may be rightfully summoned, maintain the integrity of the rule and ward off its misuse to conceal information without a valid cause