State Capture Inquiry Regulations Amended

The Presidency

The regulations of the Commission of Inquiry into state capture have been amended.

According to a statement issued by the presidency, the amendment was initiated in order to address concerns about the lawfulness and constitutionality of certain sections of the regulations.

“Of particular concern was regulation 8(2), which deals with the admissibility in possible criminal proceedings of evidence presented to the commission. Submissions received by The Presidency from the Helen Suzman Foundation and Afriforum suggested, among other things, that the regulation may undermine efforts to prosecute any persons implicated in criminal activity.”

Consequently, regulation 8(2) has been replaced to indicate that self-incriminating answers given by witnesses shall not be admissible as evidence in criminal proceedings.

The amendment, published in Government Gazette 41522, came into effect on the date of publication.

Sabinet Cape Town Office