President Cyril Ramaphosa has amended the regulations governing the commission of inquiry into State capture, in an effort to address legal and constitutional concerns of specific sections of the regulations.

Regulation 8(2), in particular, has been replaced in its entirety.

This regulation refers to the admissibility of evidence to the commission in possible criminal proceedings.

The President received submissions from the Helen Suzman Foundation and AfriForum suggesting that the regulation might undermine efforts to prosecute any persons implicated in criminal activity.

Ramaphosa has taken legal advice and amended the regulation to limit the inadmissibility of such evidence to circumstances where a witness may incriminate themselves.

The regulation now reads: “A self-incriminating answer or a statement given by a witness before the Commission shall not be admissible as evidence against that person in any criminal proceedings brought against that person instituted in any court, except in criminal proceedings where the person concerned is charged with an offence in terms of section 6 of the Commissions Act, 1947 (Act No. 8 of 1947).”

The amendment to the regulations was published in the Government Gazette on Friday.