Constitutional Court

The Constitutional Court in the case Secretary Judicial Commission of Inquiry into Allegations of State Capture v Zuma 2021 determined that the rights in sections 3(4) and 6 include the right not to self-incriminate.

“The Constitutional Court matter, Secretary Judicial Commission of Inquiry into Allegations of State Capture v Zuma 2021 ... determined that the rights in section 3(4) and 6 include the right not to self-incriminate”

The Constitution affords the right not to self-incriminate even though some argued it did not; the Constitutional Court ruled it does apply.

“The Constitutional Court considered ... that it does not include the right against self-incrimination, but the Constitutional Court determined that it does. They have a right not to self-incriminate.”

The Constitutional Court held that section 3(4) and section 6 of the Act include the right not to self-incriminate, overturning previous belief to the contrary.

“that the rights in section 3(4) and 6 include the right not to self-incriminate. The Constitutional Court considered, and it was argued before it by some or other amicus curiae... that it does not include the right against self-incrimination, but the Constitutional Court determined that it does. They have a right not to self-incriminate.”

After the Constitutional Court ruled suspension of Robert McBride unlawful, the IPID case against General Phahlane was reactivated 10 months after the complaint was opened.

“the Constitutional Court ruled that the suspension of Robert McBride was unlawful... which meant that in November 2016, 10 months after I had opened this case against General Phahlane, the case suddenly came alive again”

Mr Mogotsi confirms attempts to sow division between General Khumalo and General Mkhwanazi, to have members of the PKT arrested for the raid on Mr Matlala, to involve IPID in an arrest arising from the raid, and an attempt to persuade the Minister that General Sibiya and Discipline General Khumalo are involved in a Constitutional Court judgment matter (Makala case).

“So , we have talked about your attempt to sow division between General Khumalo and General Mkhwanazi , your attempt to have members of the PKT arrested for the raid on Mr Matlala , your attempt to get IPID involved in an arrest arising out of the raid on Mr Matlala 's house . ... Your fourth , the fourth instance is your attempt to persuade the Minister that he or General Sibiya and discipline General Khumalo arising out the Constitutional Court judgment in the Makala case .”