Minister Michael Masutha on publication of Regulations of Judicial Commission of Inquiry into allegations of state capture

Statement by Adv Michael Masutha, MP, Minister of Justice and Correctional Services on the publication of the Regulations of the Judicial Commission of Inquiry into allegations of state capture

The President has, following the appointment of the Judicial Commission into allegations of state capture, corruption and fraud in the Public Sector including Organs of State headed by Deputy Chief Justice Zondo, made regulations for the said Commission.

The Regulations will be published in the Government Gazette today, the 9th of February 2018 (in the afternoon). The Regulations are authorized under the Commissions of Inquiry Act, 1947 (Act No. 8 of 1947) which provides the legal framework for constituting Commissions of Inquiry appointed by the President.

The publication of the Regulation follows the earlier publication of the terms of reference of the Commission under Government Gazette No. 41403 of 24 January 2018.

The Regulations enables the Chairperson to collect evidence and subpoena witnesses to testify before the Commission and to present any documentary evidence relevant to the Inquiry.

The regulations which are in line with the remedial action in the Public Protector’s Report on State of Capture, Report No.6 of 2016/17, also enables the Chairperson to appoint persons and staff of the Commission in accordance with the applicable legislation.

Capacity will also be drawn by way of secondments from the public service as I may authorize, as required by the Deputy Chief Justice.

An inter-departmental technical committee led by the Department of Justice and Constitutional Development and the Office of the Chief Justice has been established to provide the required support to the Deputy Chief Justice in setting-up the Commission.

The regulations provides the legal machinery that enables the Deputy Chief Justice to obtain the resources and infrastructure he require for the Commission to perform its functions.

Source: Government of South Africa