I refer to the report entitled EC debate subjudice claims speaker, opposition motion struck of f.

From time in memorial, there has always been the perennial debate whether parliament is more powerful than the judiciary. Both are necessary branches of a modern democratic government.

The executive branch on the other hand is always subject to review and criticism (constructive) by both parliament and the judiciary. The question then is: What subject matter is to debated in parliament and what in a court of law.

This is also sometimes classified as what is justiciable and what is not. In this respect I respectfully disagree with the attorney-general that the matter of the Election Commission debacle cannot be debated in parliament.

The subject is largely political and has everything that is political. Which is a better body to discuss politics - parliament or the courts? Surely we cannot expect our judges to be well versed in politics. In fact some of them may not be interested in politics at all. So how can they be expected to render a proper judgment?

Of course, the AG has argued that the matter is sub judice . This means that once a matter is before the courts , there shall be no public discussion of the matter, the theory being that the judges should not be influenced.

But in the case of the EC debacle, I submit that a full debate in parliament will in fact assist the judges rather than impede their work. This is because that subject matter is so intertwined with politics that it is only the politicians who would be able to argue the subject matter fully.

If need be, some of the politicians who might make their bold allegations in parliament may be subpoenaed (summoned) by the courts to give evidence. In fact, a copy of the proceedings in parliament should be given to the election court judges to read so that they may understand the underlying political innuendos better.

In summary, this is not a matter purely of law. Parliamentarians should not be made subject to contempt of the court proceedings when they are performing their duties in parliament.