Yes, there are still reasons to be cheerful about SA


Yes, there are still reasons to be cheerful about SA

A man who knows more than most about the many anti-corruption probes gives us his opinions

Giulietta Talevi

South Africans are commissioned-out, our pensions are the Public Investment Corporation’s (PIC’s) play thing, and the great VBS pilfering spree has yet to result in a single arrest. So is the law, in fact, an ass? We spoke to Werksmans head of business crimes and investigations, Bernard Hotz …

People talk about commissions fatigue but we’ve got to realise the commissions of inquiry, whether it’s Zondo or Nugent or the PIC, have played a crucial role. Realise one has to differentiate between civil and criminal. So you’ll be aware in criminal that you have to prove someone’s guilt beyond reasonable doubt; in civil you have to prove someone’s liability on the balance of probabilities. When somebody comes and they sit at a commission and tell a story, and the story is atrocious ... what happens then?

The lay public cannot think unfortunately that as soon as they finish talking that their transcript and their file will be sent to the prosecution who will the next day instruct the police. Because what they have to do is receive all the evidence and then start an investigation and join all the dots and cross all the Ts. ..

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