On 28 July 2020, the President of the Republic of South Africa gazetted some amendments to the Regulations of the Zondo Commission.
These amendments include enabling the National Prosecuting Authority to access information that has been gathered by investigators of the Zondo Commission, during the course of their employment by the Zondo Commission, and using that information in criminal proceedings against persons implicated by that information in criminal conduct.
Adv Malindi SC explores the constitutional challenges that these amendments pose. For example, if a witness called to give evidence at the Zondo Commission at a time when s/he is facing criminal prosecution, what implications does that have on the right against self-incrimination, among other rights of an accused person, if the Zondo Commission compels the person facing such criminal prosecution nevertheless to give evidence before it?
Read the full paper here Zondo Commission and Criminal Prosecution