Quote of the week

Trump continued, “I asked Paula [White] to invite some of her friends here that she believes are in contact with God, so that you guys can pray for me that God gives me the wisdom to make the right decision as to whether I run [for President] or not.

Pastor Darrell Scott
Nothing to Lose: Unlikely Allies in the Struggle for a Better Black America
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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