Changes to State of Capture Inquiry regulations

Friday, March 23, 2018

Witnesses in the State of Capture Commission of Inquiry may now face criminal charges following changes made by President Cyril Ramaphosa.

“A self-incriminating answer or a statement given by a witness before the Commission shall not be admissible as evidence against that person in any criminal proceedings brought against that person instituted in any court, except in criminal proceedings where the person concerned is charged with an offence in terms of section 6 of the Commissions Act, 1947 (Act No. 8 of 1947).”

The change follows submissions received by The Presidency from the Helen Suzman Foundation and Afriforum.

They argued that prior to the President’s amendment,  regulation 8(2) in the Commission’s Act which said witnesses may not be criminally prosecuted may undermine efforts to prosecute any persons implicated in criminal activity.

The President said he made the change to “address concerns about the lawfulness and constitutionality of specific sections of the regulations.”

The amendment to the Regulations is being published in the Government Gazette today. –

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