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{
    "id": 77104,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/77104/?format=api",
    "text_counter": 310,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "So let the record be clear that I will not give clarification sought neither now nor in future. I may give directions. I may make findings or make communication. With respect to the sub judice rule, I think it is a matter that I have addressed myself to previously on more than two occasions during this Tenth Parliament. The parameters within which it operates are clear as laid out under Standing Order No.80 beginning from sub-paragraph (2). It says clearly:- “A matter shall be considered to be sub judice when it refers to active criminal or civil proceedings and the discussion of such matter is likely to prejudice its fair determination.” So either the matter is active and one or other; a criminal or civil matter and discussion of it is likely to prejudice its fair determination. So you must apply that test! “(3) In determining whether a criminal or civil proceeding is active, the following shall apply:- (a) criminal proceeding shall be deemed to be active when a charge has been made or a summons to appear has been issued; (b) criminal proceeding shall be deemed to have ceased to be active when they are concluded by verdict or sentence or discontinuance; (c) civil proceeding shall be deemed to be active when arrangements for hearing, such as setting down a case for trial have been made, until the proceedings are ended by judgment or discontinuance”. Part (d) does not necessary apply here and so I will not read it out. Paragraph (4) of Standing Order No.80 says:- “A member alleging that a matter is sub judice shall provide evidence to show that paragraphs (2) and (3) are applicable”. The Member for Mutito is obligated to do so because he is the one alleging that this matter is sub judice. “(5) Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the House or a Committee.” However, the Speaker obviously does not exercise this discretion arbitrarily. In my directions as given in the past, I have indicated that for the Speaker to be able to determine whether or not a matter is sub judice, the party or hon. Member is under duty to table all pleadings in the case. What the Member for Mutito has done is that he"
}