Legal opinion finds MPs cannot hide behind sub judice rule | Citypress

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Parliament’s portfolio committee on health told that Health Minister Dr Zweli Mkhize cannot rely on the sub judice rule to avoid discussing the Digital Vibes contract

Last week, Mkhize who was placed on special leave by President Cyril Ramaphosa, excused himself from answering questions before the committee after claiming he received legal advice not to discuss matters related to the Digital Vibes contract.

The sub judice rule cannot be applied in a manner that may compromise the constitutional mandate of ParliamentThe legal opinion found that members of Parliament on the committee had erred when they failed to hold Mkhize accountable for his alleged role in the Digital Vibes saga. “The oversight role cannot be completely compromised purely on the basis of an allegation that there is a sub judice rule.”

“As Parliament, we must stay away from reflecting on the merits of that matter. Two things that need to be considered are the merits of a matter and a pending decision by a court of law,” he said.

 

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