29 March 2018 - NW478
Lekota, Mr M to ask the President of the Republic
Whether he will consider a review of the provisions of Clauses 8.1 and 8.2 of the Regulations governing the Judicial Commission of Enquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of the State that offer all those who confess before the commission freedom from criminal prosecution resulting in those implicated in wrongdoing falling over themselves and one another to give evidence to the Commission so that the criminal justice administration is blocked from using the evidence against them in any such prosecutions?
Clause 8(2) of the regulations governing the Commission of Inquiry into State Capture has been amended and published in the Government Gazette on 23 March 2018.
Clause 8(2) has been amended to read:
“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).”
Clause 8(1) has not been amended.