Quote of the week
Such traditions that are culturally embedded in the white, male, Afrikaans culture and history, which are the basis of the Nagligte traditions, do not foster inclusion of other groups that must now form the new majority of the SU student body. Wilgenhoffers do not seem to appreciate the negative impact of their culture and rituals on the personal rights of certain individuals. This is because they elevate belonging to the Wilgenhof group above the rights of the individual.
Innocent until proven guilty
Although witnesses before the Commission may not assert the rights in section 35(1) and (3) which are reserved for arrested and accused persons, those witnesses may invoke the rights guaranteed by section 12 of the Constitution. The latter provision protects, among others, the right to freedom and security of the person which, on the authority of Ferreira, includes the privilege against self-incrimination. It is evident from this analysis that a statutory provision that compels witnesses to give self-incriminating evidence would be inconsistent with section 12 of the Constitution. As a result, when that statute is interpreted, the obligation imposed on courts by section 39(2) of the Constitution is triggered. The Commissions Act is such a statute.
