President Ramaphosa amends state capture regulations
23 March 2018
President Cyril Ramaphosa has made an amendment to the regulations governing the commission of inquiry into state capture to address concerns about the lawfulness and constitutionality of specific 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.
On the basis of legal advice, the President has amended regulation 8(2) to limit the inadmissibility of such evidence to circumstances where a witness may incriminate themselves.
Regulation 8(2) has been replaced in its entirety with the following: