The civil rights organisation AfriForum welcomes the revised State Capture Regulations announced by President Cyril Ramaphosa today, calling it a victory for those who want to see justice triumph in the long, drawn-out state capture saga.
AfriForum brought a rescission application with the Constitutional Court more than a month ago to set aside Regulation 8(2) of the Commission Regulations, as announced by former President Jacob Zuma. This regulation determined that no testimony delivered before the State Capture Commission would be allowed in criminal proceedings.
AfriForum argued in its application that Zuma drafted the regulations in such a manner to indemnify himself from prosecution. The civil rights organisation therefore brought a rescission application in this regard in the Constitutional Court.
The amendment of this regulation by President Ramaphosa makes further legal action by AfriForum unnecessary, as the amended regulation makes provision for testimony given before the Commission could indeed be used as testimony in later criminal proceedings as evidence, unless a person incriminates him/herself.
Willie Spies, AfriForum’s Legal Advisor, welcomes this development as a victory for AfriForum and for everyone who wants to see Zuma prosecuted for his share in the widespread looting of state assets by the Gupta family.