On Wednesday, the High Court ruled that the Supreme Court’s decision to forbid litigants and advocates from commenting on a presidential election petition while it is still being heard was invalid, dealing the Chief Justice a setback.
The Supreme Court’s (Presidential Election Petition Amendment Rules) 2022 were deemed illegal by Justice Mugure Thande because they violated the standards for public participation and usurped the power of Parliament.
“The High Court finds that the Supreme Court (Presidential Election Petition Amendment Rules ) 2022 are declared unconstitutional for Not adhering to Public Participation requirements for usurpation of the authority of Parliament,” Justice Thande said.
Supreme Court regulations were altered by Chief Justice Martha Koome to prohibit attorneys and litigants from commenting on a petition for a presidential election.
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In the revised regulations, the CJ prohibited parties involved in a lawsuit involving the presidential election from voicing their thoughts or making predictions about how it will turn out.
“Upon commencement of the hearing of the petition by the court, litigants, their advocates and advocates’ agents shall refrain from expressing their opinion on merit, demerit or predict the outcome of the petition in any manner that would prejudice or impede court proceedings, until judgment is delivered,” the new rule read.
According to the new rule, disobeying the order constitutes contempt of court, which carries a penalty for individuals proven responsible for breaking the law.
The amendment was gazetted a little over two months before the election on August 9.
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