What does the law say about arresting people based on presented evidence?

The former Bosasa executive - Angelo Agrizzi has made damning allegations at the state capture commission on, implicating the African National Congress and the inquiry’s own secretary in fraud and corruption.

Agrizzi said, the ANC in the North West was paid close to R2 million five years ago for electioneering. He said that the commission’s secretary, Dr Khotso De Wee, was also paid bribes for a 2013 tender when he was still chief operating officer at the Department of Justice and Correctional Services. De Wee had to be placed on special leave, following claims and allegations that have been made against him.

Now the question is: when are we going to see prosecutions following the damning evidence presented at the State Capture Commission?

The commission's purpose is to cover the truth, and at the at, its meant to make recommendations as to who ought to be prosecuted if it uncovers evidence of criminal activities in respect of the person that could be held responsible.

Prof James Grant - Criminal Law Specialist.

There is nothing stopping the NPA from opening and investigation or pursuing criminal charges already at this point given the amount of evidence that is in the public domain. That points out that the two operates in isolation. The underlying basis for that is, the NPA independent or supposed to be of the government and it would also be independent of any commission. Maybe that is why there have not been any investigations at this point.

Prof James Grant - Criminal Law Specialist.

Click below to listen to the full interview:


This article first appeared on CapeTalk : What does the law say about arresting people based on presented evidence?


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