section 3(4)

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).”

Section 3(4) of the Commission's Act secures the witness's right against self-incrimination while testifying before the Commission.

“you invoke section 3(4) of the Commission's Act ... and that is, I think, in our Act what secures your right against self-incrimination”

Section 3(4) of the Commission's Act should be read conjunctively with section 6 to allow a witness to invoke right against self-incrimination.

“section 6 will cross-refer you to this section 3(4) referencing the privilege ... So they should be read conjunctively together to a position where a witness may invoke a right against self-incrimination”