Quote of the week

When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am your God – Leviticus 19:33-34.

Consequently, you are no longer foreigners and strangers, but fellow citizens with God’s people and also members of his household,  built on the foundation of the apostles and prophets, with Christ Jesus himself as the chief cornerstone.  In him the whole building is joined together and rises to become a holy temple in the Lord.  And in him you too are being built together to become a dwelling in which God lives by his Spirit – Ephesians 2:19-22.

Authors unknown
Christian Bible
18 May 2021

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.

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