Sub judice in South Africa: time for a change

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Periodical article

Title:	Sub judice in South Africa: time for a change
Author:	Hill, Graeme
Year:	2001
Periodical:	South African Journal on Human Rights
Volume:	17
Issue:	4
Pages:	563-593
Language:	English
Geographic term:	South Africa
Subjects:	constitutions 1996 freedom of speech freedom of the press
External link:	https://doi.org/10.1080/02587203.2001.11827639
Abstract:	Existing authority on the sub judice doctrine (a case being considered by a court and so not to be mentioned in the media) in South Africa dates from the apartheid era, and greatly restricts freedom of expression. The article examines whether sub judice really promotes the due administration of justice, and compares South African law with the corresponding law in the United Kingdom, Canada and the United States. After subjecting the sub judice doctrine to a limitations analysis under s 36 of the 1996 South African Constitution, the article concludes that sub judice in its current form should be revised to provide more protection for freedom of expression. Notes, ref., sum. [Journal abstract]