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Section 3(4) of the Commission’s Act and section 6 read together protect the right against self-incrimination for any witness, allowing them to invoke that right.
“section 6 will cross-refer you to this section 3 (4) referencing the privilege applicable to anyone in a Mag Court ... so they should be read conjunctively to a position where a witness may invoke a right against self-incrimination”
Chairperson noted that under Section 6 of the Commission's Act and Regulation 8(1), a witness who refuses to answer questions lawfully put to them after being sworn in commits an offence, and questioned Mr Mogotsi's claim of self-incrimination as he did not clarify how the answer incriminated him or what crime was referred to.
“thesection, I think it is Section 6 of the Commission's Act and there is also, is it Regulation 8(1)... both create an offence if a witness that has been sworn in fails to answer fully and satisfactorily any question lawfully put to them.”