"On the basis of legal advice, the president has amended regulation 8(2) to limit the inadmissibility of such evidence to circumstances where a witness may incriminate themselves," the Presidency said.
Regulation 8(2) previously stated: "No evidence regarding questions and answers contemplated in sub-regulation (1), and no evidence regarding any fact or information that comes to light in consequence of any such questions or answers, shall be admissible in any criminal proceedings, 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), or regulation 12.
The change Ramaphosa ordered came after submissions received by the Presidency from the Helen Suzman Foundation and AfriForum, which suggested that the regulation may undermine efforts to prosecute anybody implicated in criminal activity in the commission which is headed by Deputy Chief Justice Raymond Zondo.
Regulation 8(2) 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)."
Section 6 of the Commissions Act states that any witness who does not testify as agreed, or finish testifying, or produce any document or book or information required, is liable to a fine.