How State Capture Commission could implode through legal challenges – Hoffman

(Photo: ZA News.)

CAPE TOWN — Three things become blindingly clear from Paul Hoffman’s legally-astute analysis of the impending State Capture judicial commission, (SCC). One is that those calling for its expansion to cover shenanigans predating our democratic elections are myopic ideologues and/or Zuptoids bent on sinking it. Another is that the commission itself needs to quickly get pro-active to ensure its creation and terms of reference are constitutional – or risk defense lawyers bringing court actions to ensure it is stillborn. The third is that with the depth and breadth of existing accusations across government, the Presidency, the private sector and SOEs, about half a dozen evidence-leading teams will be needed. The commission’s terms of reference give it six months to reach its findings, the blink of an eye in high-stakes legal wrangles. It’s already a huge task, gathering and sorting all the evidence, but all will come to naught if the SCC doesn’t prophylactically check its pedigree, something Hoffman hopes its’ principals have done. Hoffman, a Senior Counsel and founder of Accountability Now, is waving a large red flag. SA’s apartheid rulers were past masters at setting up “political breathing space” commissions of enquiry. It adds valence to those saying forget a commission – charge the miscreants, using available evidence. This story is reproduced courtesy of the Daily Maverick. – Chris Bateman
By Paul Hoffman*