It’s not an excuse for failing to answer difficult or embarrassing questions.
But what does the rule actually say? In this article, we explain what the sub judice rule says and when the rule will apply.Broadly, the rule says that under certain conditions, the publication of a statement or information concerning pending or ongoing court proceedings may be unlawful. When someone breaches the rule, a newspaper editor, for instance, they can technically be prosecuted for contempt of court.
There do not appear to be any cases of anyone being prosecuted for breaching the sub judice rule in recent years. This occurred during apartheid when the courts applied the sub judice rule strictly. According to the strict test applicable at that time, the sub judice rule would be breached when a publication or statement “might” have influenced the outcome of a case.This strict test often led to abuse.
In practice, this new test for sub judice means that very few publications of information or statements breach the sub judice rule.
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