Commissions Act, 1947 (Act No. 8 of 1947)

Regulations

Regulations of the Judicial Commission of Inquiry to inquire into allegations regarding efforts or attempts having been made to stop the investigation or prosecution of Truth and Reconciliation Commission cases

8. Persons appearing before Commission

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(1) No person appearing before the Commission may refuse to answer any question on any grounds other than those contemplated in section 3(4) of the Commissions Act, 1947 (Act No. 8 of 1947).

 

(2) A self-incriminating answer or a statement given by a witness before the Commission shall not be admissible as evidence against that person in any criminal proceedings brought against that person instituted in any court except in criminal proceedings where the person concerned is charged with an offence in terms of section 6 of the Commissions Act, 1947.

 

(3) Any witness appearing before the Commission may be cross-examined by a person only if the Chairperson permits such cross-examination should he or she deem it necessary and in the best interest of the functions of the Commission.

 

(4)

(a) A witness may, after examination by an evidence leader of the Commission, be re-examined by his or her legal representative strictly for the purpose of explaining the evidence given by the witness during his or her examination, and only after an application to re-examine has been granted by the Chairperson.
(b) An evidence leader may, after the re-examination of a witness referred to in paragraph (a), conduct a further examination of the witness concerned.