Quote of the week

The problem with this perspective is cancel culture isn’t real, at least not in the way people believe it is. Instead, it’s turned into a catch-all for when people in power face consequences for their actions or receive any type of criticism, something that they’re not used to. I’m a black, Muslim woman, and because of social media, marginalized people like myself can express ourselves in a way that was not possible before. That means racist, sexist, and bigoted behavior or remarks don’t fly like they used to. This applies to not only wealthy people or industry leaders but anyone whose privilege has historically shielded them from public scrutiny. Because they can’t handle this cultural shift, they rely on phrases like “cancel culture” to delegitimize the criticism.

Sarah Hagi
Time
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.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest