Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Jacob Gedleyihlekisa Zuma

The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector (the State Capture Commission) summoned former President Jacob Gedleyihlekisa Zuma to appear and give evidence before it in terms of section 3 of the Commissions Act 8 of 1947. Mr Zuma repeatedly refused to comply with the summonses and directives of the Commission, asserting, among other things, a right to remain silent and challenging the Commission’s authority. The Commission approached the Constitutional Court directly and on an urgent basis, seeking an order compelling Mr Zuma to obey the summonses, to appear and give evidence, and a declaratory order clarifying whether he was entitled to remain silent before the Commission, while confirming the scope of his privileges under the Commissions Act.

Direct access was granted; Mr Zuma was ordered to obey all lawful summonses and directives of the Commission; he was directed to appear and give evidence before the Commission on dates determined by it; it was declared that he does not have a right to remain silent before the Commission; it was declared that he is entitled to the privileges in section 3(4) of the Commissions Act, including the privilege against self-incrimination; and he was ordered to pay the Commission’s costs, including the costs of two counsel.

This case is a landmark affirmation of the authority and effectiveness of commissions of inquiry in South Africa. It clarified that no person, including a former President, is above the law or immune from complying with lawful summonses issued by a commission of inquiry. The judgment definitively settled that witnesses before commissions do not enjoy a general right to remain silent, while confirming the continued protection of the privilege against self-incrimination. It strengthened accountability mechanisms in constitutional democracy, particularly in the context of investigating state capture and systemic corruption.