State capture inquiry regulations gazetted

Friday, February 9, 2018

The regulations for the Judicial Commission of Inquiry into State capture will be gazetted today, the Department of Justice and Correctional Services announced.

In a statement on Friday, Justice and Correctional Services Minister Michael Masutha said the regulations are authorised under the Commissions of Inquiry Act, 1947 (Act No. 8 of 1947), which provides the legal framework for constituting Commissions of Inquiry appointed by the President.

The publication of the regulation follows the earlier publication of the terms of reference of the commission under Government Gazette No. 41403 of 24 January 2018.  However, without the regulations, the commission could not start its work.

“The regulations enable the chairperson to collect evidence and subpoena witnesses to testify before the commission and to present any documentary evidence relevant to the inquiry,” Minister Masutha said.

The inquiry, which is headed by Deputy Chief Justice Zondo, will investigate allegations of State capture, corruption and fraud in the public sector, including organs of State.

In the terms of the reference, the commission must investigate whether, to what extent and by whom, attempts were made, through any form of inducement or for any gain whatsoever to influence members of the National Executive, including Deputy Ministers, office bearers and directors of the boards of SOEs.

Minister Masutha said the regulations for the commission of inquiry will be in line with the Public Protector’s remedial action.

“The regulations, which are in line with the remedial action in the Public Protector’s Report on State of Capture, Report No.6 of 2016/17, also enable the chairperson to appoint persons and staff of the commission in accordance with the applicable legislation.”

According to the Minister, capacity will also be drawn by way of secondments from the public service, as required by Deputy Chief Justice Zondo.

An inter-departmental technical committee, led by the department of and the Office of the Chief Justice, has also been established to provide the required support to the Deputy Chief Justice in setting-up the commission.

“The regulations provide the legal machinery that enables the Deputy Chief Justice to obtain the resources and infrastructure he require for the Commission to perform its functions,” the Minister said. –

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