CHAPTER 32
COMMISSIONS OF INQUIRY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Power to issue Commissions of Inquiry into matters of public nature.

   4.   Power to cause investigation to be made before issuing a Commission.

   5.   Power to appoint fresh Commissioners and to alter and revoke Commissions.

   6.   Commissions not affected by change of President.

   7.   Oath of office by Commissioners.

   8.   Power to appoint and duties of Secretary.

   9.   Duties of Commissioners defined.

   10.   Division of opinion of Commissioners.

   11.   Commissioners' power for regulating proceedings.

   12.   Power to summon and examine witnesses.

   13.   Consequences of issue of Commission.

   14.   Employment of experts.

   15.   Application of the Penal Code and immunity of Commissioner.

   16.   Obligations and rights of witnesses.

   17.   Appearance by advocate.

   18.   Power to direct police officers to attend Commissioners.

   19.   Remuneration of Commissioners, etc.

   20.   Commissions to be published in Gazette.

   21.   Action on report

   22.   Protection of persons publishing true account.

   23.   Conditions as to proceedings for penalties.

   24.   Regulations.

SCHEDULE

CHAPTER 32
THE COMMISSIONS OF INQUIRY ACT

An Act to make provision for holding Commissions of Inquiry.

[28th December, 1928]

Ord. No. 27 of 1928
G.N. No. 403 of 1960
Act No. 27 of 1994

1.   Short title

This Act may be cited as the Commissions of Inquiry Act.

2.   Interpretation Act No. 27 of 1994">

   In this Act unless the context requires otherwise–

   "Commission" means a Commission issued under section 2;

   "Commissioner" means any of the Commissioners appointed under section 2;

   "inquiry" means an inquiry carried out in pursuance of the provisions of this Act;

   "Minister" means the Minister for the time being responsible for legal affairs.

[s. 1A]

3.   Power to issue Commissions of Inquiry into matters of public nature Act No. 27 of 1994 s. 3">

   (1) Where the President on his own motion, upon advice by the Minister or after considering information furnished upon an affidavit of any person is satisfied that it is desirable or necessary, or that an inquiry would be for the public welfare, the President may issue a Commission appointing one or more Commissioners and authorising those Commissioners or any quorum of the Commissioners specified in the Commission, to inquire into any of the following–

   (a)   the conduct of any person in the public service of the United Republic;

   (b)   the conduct of any local authority;

   (c)   the conduct or management of any department of the public service or of institution of the public service or of a local authority;

   (d)   massive or repeated evasions of any taxes or any other acts subversive of the smooth collection of public revenue;

   (e)   allegations of grave irregularities in the public revenue;

   (f)   allegations of large scale trafficking in trophies;

   (g)   allegations of conspiracies to damage the natural resources of the United Republic;

   (h)   allegations of theft or embezzlement of public property in public corporations;

   (i)   serious allegations of occurrences of corruption;

   (j)   any other matter the inquiry into which would, in the opinion of the President, be in the public interest.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.