section 28

Section 28 of the legislation is invasive and lacks checks and balances, allowing unlimited control by one person without checks, leading to severe abuse since the start of the witness's tenure at ID.

“Section 28 does not have any checks and balances and it can be likened to a section 205 of the Criminal Procedure Act. It is invasive. It is exceptionally invasive, but section 205 of the Criminal Procedure Act allows for a person to make submissions to a Magistrate or a Judge to explain why we are now invading this person’s privacy, or we need this information. Section 8 allows unlimited control by one person without any checks or balances, and that is how we were investigated, throughout that.”

Section 28 provisions have been abused, including authorizing investigations, over a period of time.

“The reason I am bringing this up is to illustrate how section 28 has been abused. And I am not just talking about 28(6) and (7), I am talking about just authorizing investigations has been abused for the past...”

Prosecutors are allowed to consult with witnesses under section 28, but a prosecutor must not become a witness in their own matter.

“Because of section 28, prosecutors are allowed to consult with witnesses, right. ... The prosecutor is not allowed to become a witness in their own matter.”

IDAC does not operate in terms of section 28 authorizations; that is an IDAC authorization mechanism.

“IDAC does not operate in terms of section 28. That is an IDAC authorization mechanism.”