Nkosi reminded Madlanga Commission testimony can’t be used in criminal trial

As the Madlanga Commission moves to scrutinise the bank records of police sergeant Fannie Nkosi, evidence leaders have reminded him that his testimony cannot be used in a criminal trial.

This is in line with legislation around testimonies at commission of inquiries, as it’s considered compelled evidence.

But this excludes cases where witnesses are being pursued for perjury, and their testimony can be used to prove they lied under oath before the commission.

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Evidence leader Matthew Chaskalson said Thursday’s questions may lead to situations where Nkosi may have to make self-incriminating testimony.

“Where I indicate that the answer to a question may be incriminatory, if you choose to answer it, whatever you say cannot be used against you in a criminal trial, but if you believe your answer may incriminate you, you’re also entitled to say I elect not to answer that question because I have a privilege against self-incrimination.”

Commission chairperson Mbuyiseli Madlanga said that privilege does not extend to disciplinary measures that Nkosi’s employer may take.

“We are taking the view that this protection does not extend to issues relating to disciplinary matters, but do not translate to the criminal process and criminal proceedings.”