The Powers Of The State-Capture Commission

The regulations regarding the judicial commission of inquiry into state capture have been gazetted.
Cosatu members march against corruption and state capture on September 27, 2017 in Durban.
Cosatu members march against corruption and state capture on September 27, 2017 in Durban.
Getty Images

Regulations published in the Government Gazette on Friday have outlined the powers of the judicial commission of inquiry into state capture.

The regulations allow the commission's chairperson, Deputy Chief Justice Raymond Zondo, to appoint "knowledgeable or experienced persons" other than official members of the commission to assist in the investigation.

"The chairperson may designate one or more knowledgeable or experienced persons to assist the commission in the performance of its functions, in a capacity other than that of a member," the regulations state.

National Treasury has also been delegated to ensure that adequate funds are made available to the commission to fulfil its mandate.

Demonstrators take part in a protest calling for the removal of South Africa's President Jacob Zuma, in Pretoria, South Africa April 7, 2017. REUTERS/James Oatway
Demonstrators take part in a protest calling for the removal of South Africa's President Jacob Zuma, in Pretoria, South Africa April 7, 2017. REUTERS/James Oatway
James Oatway / Reuters

People appearing before the commission will be allowed the assistance of an attorney, but cannot refuse to answer any question posed to them.

"No evidence regarding questions and answers... and no evidence regarding any fact or information that comes to light in consequence of any such questions or answers, shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned is charged with an offence," the regulations continue.

Zondo's commission also has the power to search premises without prior notice.

"The chairperson or any officer may, with a warrant, for the purposes of the inquiry, at all reasonable times and without prior notice or with such notice as he or she may deem appropriate, enter and inspect any premises and demand and seize any document or article which is on such premises."

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