AfriForum brings Concourt challenge against Zuma’s state capture inquiry regulations

16 February 2018 - 15:50 By Ernest Mabuza
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Jacob Zuma. File Photo.
Jacob Zuma. File Photo.
Image: JACKIE CLAUSEN

AfriForum said on Friday that it will submit an urgent application to the Constitutional Court to set aside former president Jacob Zuma’s last attempt to escape criminal prosecution.

Last Friday‚ Zuma published the regulations with the mandate to which the judicial commission of inquiry into allegations of state capture must comply.

Regulation 8(2) states that no evidence before the commission or any facts that come to light as a result of this evidence may be used in criminal proceedings.

“The implication of this regulation is that Zuma has in effect pulled the commission’s teeth‚ as any revelation before the commission that comes down to corruption‚ bribery‚ organised crime or any other crime related to the controversial and now well-known state capture‚ may not be used to prove the guilt of any accused who is subsequently prosecuted‚” AfriForum said in a statement.

AfriForum said because this case related to a constitutional failure of the president himself‚ the case fell within the exclusive jurisdiction of the Constitutional Court.

For this reason AfriForum brought an application for direct access to this court to bring this urgent application.

AfriForum’s legal representative‚ Willie Spies‚ said it was important that this application be brought to ensure that the teeth of the commission of inquiry were not pulled in advance.


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