'State capture inquiry witnesses are protected against self-incrimination'

A high calibre team is set to investigate the state capture inquiry that was announced by former president Jacob Zuma last year. However, the evidence presented before the commission may not be used against witnesses. Does that mean immunity for those witnesses?

Speaking to Bongani Bingwa, law professor James Grant says one may only claim immunity based on what one says, so a witness cannot be prosecuted based on what they said in the commission. However, a court in a subsequent criminal trial would have the discretion to exclude any evidence which is derivative evidence.

Why would anyone spill the beans? The answer is because they are under threat of criminal punishment of imprisonment for six months if they don't tell the truth in the commission.

James Grant, Visiting Professor of Law at Wits University

The question then becomes, do people have the right to protect themselves against self-incrimination and how would this work? Grant says the commission compels you to tell the truth, but once you tell the truth, that particular self-incriminating evidence, will not be used against you.

The professor said the big question will then be, which evidence discovered by virtue of what the witness said, can that be used?

The bottom line is that in a subsequent prosecution, a court would have the discretion, whether to exclude it, so the default position would be that that evidence can be admitted. But the person who made the disclosure which led to the discovery of that evidence can make the argument that its unfair for the evidence to be admitted.

James Grant, Visiting Professor of Law at Wits University

Click below to listen to the audio:


Recommended

by NEWSROOM AI
Read More
Kidnapping for ransom on the rise in Gauteng

Kidnapping for ransom on the rise in Gauteng

Gauteng MEC for Community Safety Sizakele Nkosi-Malobane says kidnapers are out to get a ransom from desperate parents.

[WATCH] Nativity play turns hilariously violent as fight for baby Jesus ensues

[WATCH] Nativity play turns hilariously violent as fight for baby Jesus ensues

Khabazela shares tweets and Facebook posts that have gone viral.

Crucial ANC party list nomination process underway

Crucial ANC party list nomination process underway

Political analyst Lukhona Mnguni says the ANC provincial party list is important as branches choose their preferred candidates.

Deputy Chief Justice Zondo announces strong state capture investigative team

Deputy Chief Justice Zondo announces strong state capture investigative team

Find out which key players will lead the investigation at the Commision of Inquiry into State Capture.

#UniteBehind invite Ramaphosa to take a train and understand commuter's pain

#UniteBehind invite Ramaphosa to take a train and understand commuter's pain

The lobby group says it has written to President Cyril Ramaphosa about issues at Prasa and the impact of state capture.

Shaun Abrahams in hot water over delays on state capture investigations

Shaun Abrahams in hot water over delays on state capture investigations

The NPA boss appeared before Parliament’s portfolio committees on police and justice to explain state capture inquiry delays.

Popular articles
Africa State of Mind: 'My dream is to be global' -  Sho Madjozi

Africa State of Mind: 'My dream is to be global' - Sho Madjozi

In this episode of Africa State of Mind, Lee Kasumba chats to South African rapper Sho Madjozi about her upbringing, and rise to fame.

[LISTEN] Health tips for the festive season

[LISTEN] Health tips for the festive season

In the health feature, CEO of Proactive Health Solutions Dr Fundile Nyathi chats about some health issues the generally arise during the festive season.

Adriaan Basson the second journalist to lay a charge against an EFF member

Adriaan Basson the second journalist to lay a charge against an EFF member

Earlier on Friday, Karima Brown laid a charge of intimidation against a party member who sent her what she says is a threatening text.

'Love your vulva the way it is' - Designer vaginas are dangerous, warns Dr Eve

'Love your vulva the way it is' - Designer vaginas are dangerous, warns Dr Eve

So-called 'designer vaginas' are created through various surgical or non-surgical procedures, explains clinical sexologist Dr Eve.

'Shutdown of Ndalo Media is no surprise and is a blow to media diversity'

'Shutdown of Ndalo Media is no surprise and is a blow to media diversity'

The company will reportedly shut its doors in January 2019.

'Cyril is the most popular president since Nelson Mandela'

'Cyril is the most popular president since Nelson Mandela'

Author Max de Preez weighs in on where SA would be if Jacob Zuma was still president and the impact of Ramaphosa now.

Here is what to do if you're affected by driving licence backlog

Here is what to do if you're affected by driving licence backlog

The WC Traffic Department has made provisions to cater for motorists affected by the backlog with the issuing of driving licences.

[WATCH] Internet search for talented singer Nosipho is over...she's been found!

[WATCH] Internet search for talented singer Nosipho is over...she's been found!

Khabazela shares tweets and Facebook posts that have gone viral.