Act

The rules of the Commission apply to Advocate Johnson because she is appearing before the Commission, which may have precedence over other legal rights available elsewhere.

“Ms Johnson is before the Commission. The rules of the Commission apply ... it may very well be that the Act accords her more rights than she otherwise would have, or vice versa, but the rules of the Commission are the rules of the Commission and that is what applies”

Privilege in terms of the Act allows protection against self-incrimination but does not protect General Senona from potential disciplinary proceedings based on answers given in the inquiry.

“privilege in terms of the Act allows protection against self-incrimination but does not protect General Senona from disciplinary proceedings”

Adv. Chaskalson SC suggests Mr Mogotsi should take legal advice about the refusal to answer questions based on fear of self-incrimination, which may lead to referral for prosecution under relevant Act provisions.

“it is possibly appropriate for Mr Mogotsi to take some legal advice on this, because certainly the attitude of the Evidence Leader is that subject to any plausible reason for a fear of self-incrimination, the Evidence Leaders would want a refusal to answer questions to be followed by a referral for prosecution under the relevant provisions of the Act.”