Die toepassing van die sub judice-reël in die Afrikaanse dagblad Beeld

Abstract

The sub judice rule is a media law practice that is currently often in the spotlight. Editors and journalists are constantly furiously speaking out against this rule that limits their freedom of expression in an attempt to assure the accused's fair and proper trial. Practitioners of the law, on the other side, say the sub judice rule is indispensable to the proper administration of justice. The rule, which much prevents the media from interfering with a pending case, causes confusion under journalists, as it is not consistently applied. Judges often warn the media against the violation of the rule during a high profile case, but those who do break the rule are not charged with contempt of the court. The aim of this study is to determine how Beeld, the Afrikaans daily newspaper, applies the sub judice rule in his reporting. The way in which this leading paper handles the rule is of importance to other journalists as well as the readers. The origin, development and function of the rule are also examined. It was established that Beeld did not contravene the sub judice rule as unceremoniously as a few other newspapers. Beelds violations of the rule were different experts' nuanced interpretations thereof. These violations is more based on the perception that the court's independence and worthiness must be upheld in the public eye than on the rule's actual function to guard against the interfering in the due course of a case.