State Capture Inquiry Regulations amended

state capture
17 Jan 2020

The Regulations of the Commission of Inquiry into Allegations of State Capture have been amended.

The presidency published Proclamation 1 in Government Gazette 42947.

The Regulations of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State were published in February 2018.

They govern how the Commission is to work and facilitate the gathering of evidence including the power to search and seize and subpoena witnesses.

The regulations also provide the legal framework for the chairperson to set up the Commission and appoint a secretary, evidence leaders and other staff members.

The Inquiry’s Terms of Reference were published in January 2018.

Deputy chief justice Raymond Zondo was appointed as the Inquiry’s chairperson.

Regulation 3A is inserted into the regulations.

Regulation 3 deals with the designation of knowledgeable or experienced persons to assist the Commission in the performance of its functions.

Regulation 3A stipulates that the remuneration of such designated persons “must be determined in terms of applicable legislation, policies and prescripts relating to the work or service performed by such designated person”.

A new subregulation (2) is also inserted into regulation 12 providing that any person who appears before the Commission and refuses or fails, on any grounds other than those contemplated in section 3(4) of the Commissions Act, 1947, to answer, or, to answer fully and satisfactorily, any question; contravenes Regulation 9 or willfully hinders, resists or obstructs the chairperson or any officer, is guilty of an offence.

The amendments came into effect on the date of publication.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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