MR RICHARD
That is correct and it goes further.    	Nothing emanating from this Section that we are dealing with  now, creates privilege in the information beyond the loose notion that it is not admissible against the person in the situations that we have outlined at length earlier, and therefore to extend it as is the case in my learned friend's arguments, to say that he has a right of privilege in the information, is nonsense.  He has no rights of such privilege.  In fact, he has nothing to waive or not waive in the information.  	And then I return to the beginning of my argument and say taking the above into account, we now have a bundle of transcripts which is information emanating from an enquiry, investigation, conducted by the Commission.  It is public information which must remain so in the interests of firstly full disclosure, openness and transparency and the other precepts which may emanate from Section 20.
	Now, as Judge Pillay and the Chair have emphasised, this is not a penal tribunal, no penal sanction will be imposed by this body.  I remember the Archbishop getting most annoyed when I called it a tribunal, I apologise.   In the circumstances I submit that my learned colleague has not made out a case as to why, whatever is in this document, may not be placed before the Committee, used in cross-examination and generally be regarded as any other document of a sworn nature before this particular Committee and that clearly the onus and duty is on him to establish such a case.  Factually no basis at all for such a case has yet been laid.  The document hasn't even been alluded to in relation to his client.  In this regard I question whether I should not take a point in limine at the start and say the argument is premature?  Perhaps my learned colleague might be able through his client, to establish such a factual basis, I do not know.  But in the absence of that, I cannot see a basis upon which this Committee or the Commission can make a ruling that cross-examination on Exhibit C of the fifth applicant can be precluded.  That is my case.