National Small Business Act, 1996 (Act 102 of 1996)
R 385
Commissions Act, 1947 (Act No. 8 of 1947)RegulationsRegulations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of StateSchedule |
1. Definitions
In these regulations, unless the context otherwise indicates—
"Chairperson"
means Deputy Chief Justice who heads the Commission and appointed by the President after selection by the Chief Justice;
"Commission"
means the Judicial Commission of Inquiry into allegations of state capture, corruption and fraud in the Public Sector including organs of state established in terms of Proclamation No. 3 of 2018 published in Gazette No. 41403 dated 25 January 2018;
"Document"
includes, whether in electronic form or otherwise, any book, pamphlet, record, list, circular, plan, poster, publication, drawing, photograph, picture, data, disc, hard drive or recording;
"Inquiry"
means the inquiry conducted by the Commission;
"Minister"
means the Minister of Justice and Correctional Services;
"Officer"
means any person appointed by the Chairperson and any other person in the service of the State who has been duly seconded to the commission to provide administrative support to the commission; and
"Secretary"
means a person appointed by the Chairperson who, under the direction of the Chairperson, assists the commission in the performance of its functions.
| 2. | The proceedings of the commission shall be recorded in the manner determined by the Chairperson. |
| 3. | 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. |
4.
| (1) | The Chairperson shall, in accordance with applicable legislation, appoint the Secretary of the Commission and such other persons and officers as may be required to assist the Commission in carrying out its functions. |
| (2) | The Chairperson may in writing delegate, to the Secretary, the authority to appoint certain categories of staff of the Commission. |
| (3) | A person or an officer appointed by the Chairperson or the Secretary shall be appointed additional to the establishment of the Department of Justice and Constitutional Development for the period of such appointment or the duration of the Commission as the case may be. |
| (4) | The Minister must, at the request of, and on such conditions as may be determined by the Chairperson, second such officers from the public service as may be required to assist the Commission in the execution of its mandate: Provided that to the extent that an official identified for secondment to the Commission is in the employ of a department or State entity under another Minister, the Minister shall consult with the Minister concerned to facilitate such secondment. |
| 5. | The National Treasury will, in consultation with the Minister, ensure that adequate funds are made available to the Commission to realise its mandate. |
| 6. | Any person appearing before the Commission may be assisted by an advocate or an attorney. |
| 7. | The Chairperson or an officer generally or specifically authorised thereto by the Chairperson may, where necessary, administer an oath to or accept an affirmation from any person appearing before the Commission. |
8.
| (1) | No person appearing before the Commission may refuse to answer any question on any grounds other than those contemplated in section 3(4) of the Commissions Act, 1947 (Act No. 8 of 1947). |
| (2) | No evidence regarding questions and answers contemplated in subregulation (1), 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 in terms of section 6 of the Commissions Act, 1947 (Act No. 8 of 1947), or regulation 12. |
| (3) | Any witness appearing before the Commission may be cross-examined by a person only if the Chairperson permits such cross -examination should he deem it necessary and in the best interest of the function of the Commission. |
| (4) | Any witness may be re- examined by his or her legal representative for the purpose of explaining the evidence given by the witnesses during his or her examination. |
| 9. | Where, at the time of any person appearing during or at any aspect or stage of the inquiry, or presenting information to or giving evidence to or before the Commission, members of the general public are or have been excluded from attendance at any stage or aspect of the inquiry or at the proceedings of the Commission, the Chairperson may, on the request of such a person, direct that no person shall disclose in any manner whatsoever the name or address of such person or any information likely to reveal his or her identity. |
10.
| (1) | 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. |
| (2) | Any entry upon or search of any premises or person thereon in terms of this regulation, shall be conducted with strict regard to decency and order including— |
| (a) | a person's right to, respect for and the protection of his or her dignity; |
| (b) | the right of a person to freedom and security; and |
| (c) | the right of a person to his or her personal privacy. |
| (3) | Subject to subregulation (4), the premises referred to in subregulation (1) may be entered only by virtue of a warrant issued in chambers by a judge of the area of jurisdiction within which the premises are situated. |
| (4) | A warrant referred to in subregulation (1) may be issued by a judge in respect of premises situated in another area of jurisdiction, if he or she deems it justified. |
| (5) | A warrant referred to in subregulation (1) may be issued only if it appears to the judge from information revealed under oath or affirmation, stating the need, in regard to the inquiry, for a search and seizure in terms of this regulation that there are reasonable grounds to believe that any document or article referred to in subregulation (1) is on or at such premises or suspected to be on or at such premises. |
| (6) | For the purposes of conducting an investigation the Chairperson may direct any person to submit an affidavit or affirmed declaration or to appear before the Commission to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated, and may examine such person. |
11.
| (1) | Every person employed in the execution of the functions of the Commission shall help to preserve secrecy with regard to any matter or information that may come to his or her knowledge in the performance of his or her duties in connection with the said functions, except in so far as the publication of such matter or information is necessary for the purposes of the report of the Commission, and every such person, except the Chairperson, or any officer, or any person assisting the Commission in any other capacity shall, before performing any duty in connection with the Commission, take and subscribe before the Chairperson an oath of fidelity or secrecy in the following form: |
I, A.B., declare under oath /affirm and declare that, except in so far as it is necessary in the performance of my duties in connection with the functions of the Commission or by order of a competent court, I shall not communicate to any person any matter or information which comes to my knowledge in connection with the inquiry, or allow or permit any person to have access to any records of the Commission, including any notes, record or transcription of the proceedings of the said Commission in my possession or custody of the said Commission or any officer.
| (2) | No person shall communicate to any other person any matter or information which may have come to his or her knowledge in connection with the inquiry, or allow or permit any other person to have access to any records of the Commission, except in so far as it is necessary in the performance of his or her duties in connection with the functions of the Commission or by order of a competent court. |
| (3) | No person shall without the written permission of the Chairperson— |
| (a) | disseminate any document submitted to the Commission by any person in connection with the inquiry or publish the contents or any portion of the contents of such document; or |
| (b) | peruse any document, including any statement, which is destined to be submitted to the Chairperson or intercept such document while it is being taken or forwarded to the Chairperson. |
| (4) | No person shall, except in so far as shall be necessary in the execution of the terms of reference of the Commission, publish or furnish any other person with the report or any interim report of the Commission or a copy or a part thereof or information regarding the consideration of evidence by the Commission. |
12.
| (1) | Any person who insults, disparages or belittles the Chairperson or any member of the Commission or prejudice the inquiry or proceedings or findings of the Commission, is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding six months |
| (2) | Any person who— |
| (a) | contravenes regulation 9; |
| (b) | wilfully hinders, resists or obstructs the Chairperson or any officer in the exercise of any power contemplated in regulation 10; or |
| (c) | contravenes a provision of regulation 11, |
is guilty of an offence and liable on conviction—
| (i) | in the case of an offence referred to in paragraph (a) to a fine, or to imprisonment for a period not exceeding six months; and |
| (ii) | in the case of an offence referred to in paragraph (b) or (c), to a fine, or to imprisonment for a period not exceeding 12 months. |
13.
| (1) | The Chairperson shall determine the seat of the Commission by Notice in the Gazette. |
| (2) | The Commission may, for purposes of facilitating access to the Commission, conduct hearings at any other place as may be determined by the Chairperson where he considers it appropriate to do so. |
| 14. | These regulations may be added to, varied or amended from time to time. |
| 15. | The Commission may determine its own procedures. |
| 16. | These shall be called the regulations of the Judicial Commission of Inquiry into allegations of state capture, corruption and fraud in the Public Sector including Organs of State and shall come into effect on publication in the Gazette. |
