[BREAKING NEWS] President Zuma may not face criminal prosecution for state capture

President Zuma may not face criminal prosecution for state capture

A section in the Regulations of the Judicial Commission of Inquiry into allegations of state capture exempts any testimony given by a witness as evidence from criminal prosecution.

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Image: Twitter/ @PresidencyZA

The regulations were published in the Government Gazette on Friday and provide the legal framework for the Judicial Commission.

It states that: "No evidence regarding any fact or information that comes to light shall be admissible in any criminal proceedings."

Section 8(2)
Section 8(2)

The exemption in section 8 provides for witness to still be held criminally responsible for offences including perjury and non-compliance with the commission.

Section 6
Section 6

Director at Centre for Constitutional Rights, Phephelaphi Dube, says article 8 seeks to exempt witnesses from any kind of criminal sanction.

"On the face of it, it suggests that it is really a basic undermining of the rule of law because no one in South Africa should be above criminal sanction."

Dube believes that the provision is irrational because it triumphs the rule of law.

Afriforum's legal spokesperson, Willie Spies, believes President Zuma must be applauded for his move to escape criminal liability.

 "He made sure that what is supposed to be a commission of inquiry becomes an amnesty commission. In the sense that any evidence led before this commission will be excluded from any criminal proceedings."

Justice and Correctional Services Minister, Michael Masutha, says the evidence "will bring information to light which would lead the criminal investigation and prosecution." 

"Ordinarily inquiries of this nature are not meant to be criminal proceedings of themselves."

He insists that once President Zuma accepts the oath to tell the truth and nothing but the truth, that evidence will not be permissible in a court of law.

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