Maimane Raises Alarm Over Lack of Clear Budget for National Dialogue
Politic
Aug 12, 2025
Sub Judice or Subterfuge? Parliament Tests Limits of Oversight
By Constitutional Law Analyst
Lawmakers clash over whether judicial processes should constrain corruption probes
Rule 89 Controversy
Initial legal opinions cautioned that National Assembly Rule 89 (limiting discussion of court matters) could constrain parliamentary action. However, legal services ultimately advised this shouldn't prevent oversight: 'The sub judice rule mustn't hamper constitutional duties.'
Case Law Precedents
Parliament's lawyers cited:
- De Lille v Speaker (1998): Affirmed Parliament's investigative powers
- Economic Freedom Fighters v Speaker(2022): Upheld oversight as distinct from judicial functions
Opposition Pushback
DA MP Werner Horn rejected cautious approach: 'We need legal findings, not opinions. Attorneys should stake their licenses on these recommendations.' ANC members countered that reckless actions could jeopardize criminal cases.
