section 5(3) of the Constitution

The rights afforded under section 5(3) of the Constitution do not apply to a person who is not an accused person, but the third statement witness (Advocate Johnson) may invoke section 3(4) related to the right not to self-incriminate in this Commission inquiry.

“Advocate Johnson raises in the third statement the right not to self-incriminate and we have, I think, gotten to a point where at least she and I agree that she can invoke that right in response to specific questions as we go along”

Rights afforded in terms of section 5(3) of the Constitution do not apply to a person who is not an accused person, meaning such a person cannot invoke section 35 of the Constitution but may invoke section 3(4).

“the rights afforded in terms of section 5(3) of the Constitution do not apply to a person who is not an accused person. So she can invoke section 35 of the Constitution, but she may invoke 3(4).”