Sub Judice in South Africa: Time for a Change

ABSTRACT

Existing authority on the sub judice doctrine 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 Constitution, the article concludes that sub judice in its current form should be revised to provide more protection for freedom of expression.