“Did you say those things and, if you did, how does it bode with your views on the rule of law, due process and the fact that you say you consider yourself bound by those concepts?” Breytenbach asked.He said the context in which he made the statement was that of a commission which has a promotional mandate, and, as a credible litigant before the equality court, he has a duty to vigorously speak in favour of complainants and not respondents.
In the Etzebeth case, he said, the commission had taken a resolution to institute proceedings in the equality court and he “was simply carrying out the instruction of my commission”. “I was simply rephrasing and reminding them of the things I had heard during the course of the day. It is correct that I said we will make an example of Mr Etzebeth.”
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