State capture inquiry staff now free to work with law enforcement agencies

President Cyril Ramaphosa Photograph: Phando Jikelo African News Agency (ANA)

President Cyril Ramaphosa Photograph: Phando Jikelo African News Agency (ANA)

Published Jul 28, 2020

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President Cyril Ramaphosa has amended regulations governing the state capture inquiry and granted the commission employees permission to share information in their disposal with the country’s law enforcement agencies.

Commission staff will also be allowed to take up employment or be hired as consultants in law enforcement agencies.

The regulations promulgated when the commission started in 2018 barred its employees from breaking its secrecy relating to information except in exceptional circumstances.

In terms of the regulations that have now been amended, no person was allowed to communicate any matter or information which comes to his or her knowledge in connection with the inquiry, or allow or permit anyone else access to any of the commission’s records except when it is necessary in the performance of their duties or by order of a competent court.

The amended regulations also state that dissemination of information and perusing documents required written permission from commission chairperson Deputy Chief Justice Raymond Zondo.

The new regulations, which come into effect immediately after being published on Tuesday, state that the prohibitions “shall not apply to the sharing of information, records or documents with any state law enforcement agency”.

”Notwithstanding the provisions of this regulation, any employee of the commission shall not, after the commission has concluded its work – (a) be precluded from being employed or appointed on a consultancy basis by any state law enforcement agency; and (b) after being so employed or appointed be precluded from using or disclosing information, records or documents obtained by him or her during the course of his or her employment by the commission,” read the new regulations.

The regulations also state that they do not deviate from the statutory powers and duties of any law enforcement agency and the commission.

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