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List of Commissions of Inquiry in South Africa

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This is a list of Commissions of Inquiry established in South Africa since the end of Apartheid. A Commission of Inquiry, or more formally a Judicial Commission of Inquiry, is a public inquiry which has been established by either the President of South Africa or a Premier of one of the nine provinces of South Africa. Inquiries are generally established under two pieces of legislation, either the Commissions Act, 1947, or the Constitution of the Republic of South Africa, although they have also been established under other legislation too, such as the Promotion of National Unity and Reconciliation Act and the National Prosecuting Authority Act etc.

Section 4 of the Commissions Act, 1947 states "All the evidence and addresses heard by a commission shall be heard in public...". Section 3(3) of the act states "If required to do so by the chairman of a commission a witness shall, before giving evidence, take an oath or make an affirmation, which oath or affirmation shall be administered by the chairman of the commission or such official of the commission as the chairman may designate". No person appearing before the Commission may refuse to answer any question on any grounds other than those contemplated in section 3(4) of the Commissions Act, 1947.

The Constitution of the Republic of South Africa states:

  • The President is responsible for appointing commissions of inquiry - Section 84(2)(f)
  • The Premier of a province is responsible for appointing commissions of inquiry - Section 74(5)(a)
  • A province may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and must make recommendations to the Cabinet member responsible for policing - Section 206(5)
Inquiry name Enabling legislation Reason for inquiry Chair Announcement date
Mokgoro Commission[1] National Prosecuting Authority Act (32 of 1998)
Section 12(6)(a)[2] 		Enquiry into fitness of Advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso Mrwebi to hold the office[2] Yvonne Mokgoro[2] 9 November 2018[2]
PIC Commission[3] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[3][4] Inquiry into allegations for impropriety regarding Public Investment Corporation Lex Mpati[3] 17 October 2018[3]
Nugent Commission[5] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[6] Inquiry into Tax Administration and Governance by SARS[5][4] Robert Nugent[5] 23 May 2018[5]
Zondo Commission[7]
(aka State Capture Commission)[8] 		Commissions Act 1947 (8 of 1947)
Section 1[9] 		Inquiry into allegations of state capture, corruption and fraud in the Public Sector including organs of State Raymond Zondo[7] 8 February 2018[9]
Fees Commission[10] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[10] Inquiry into Higher Education and Training[10] John Heher[10] 14 January 2016[11]
Cassim Inquiry[4] National Prosecuting Authority Act (32 of 1998)
Section 12(6)(a)[4][12] 		Inquiry into the National Director of Public Prosecutions’ fitness to hold office. Nazeer Ahmed Cassim[4] 5 February 2015[4]
Marikana Commission[4][13] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[13] Enquiry into tragic incident at or near area commonly known as Marikana Mine in Rustenburg, North West Province Ian Farlam[13] 23 August 2012[13]
Khayelitsha Commission of Inquiry[14] Constitution of the Republic of South Africa, 1996 Section 206(5)[14] To investigate allegations of police inefficiency in Khayelitsha and the breakdown in relations between the community and the police[14] Kate O'Regan[15] August 2012[16]
Seriti Commission (aka Arms Procurement Commission)[17][18] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[18] Inquiry into allegations of fraud, corruption, impropriety or irregularity in the Strategic Defence Procurement Packages Willie Seriti[18] 24 October 2011[18]
Ginwala Enquiry[19] National Prosecuting Authority Act 32 of 1998
Section 12(6)(a)[20] 		Enquiry into the fitness of Advocate Vusumuzi Pikoli to hold the office of National Director of Public Prosecutions[21] Frene Noshir Ginwala[21] 4 October 2007[21]
Khampepe Commission[4] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[22] To investigate the Scorpions and recommend on whether they should be merged into the South African Police Service. Sisi Khampepe[22] 1 April 2005[22]
Hefer Commission[4] Commissions Act, 8 of 1947
Section 1[23] 		Inquiry into Allegations of Spying Against the National Director of Public Prosecutions, Mr Bulelani Thandabantu Ngcuka Joos Hefer[23] 19 September 2003[23]
Donen Commission[4][24] Commissions Act, 8 of 1947
Section 1[25] 		Inquiry into the Alleged Illicit Activities of Certain South African Companies or Individuals Relating to the United Nations Oil-for-Food Programme in Iraq Michael Donen[25] 13 February 2002[25]
Myburgh Commission[26] Commissions Act, 8 of 1947
Section 1[27] 		Inquiry into the Rapid Devaluation of the External Value of the Rand[28] John Myburgh[29] 30 January 2002[27]
Ngobeni Commission of Inquiry[30] Constitution of the Republic of South Africa, 1996 Section 84(2)(f) and Commissions Act[30] Inquiry Into the Fire at the Pretoriuskop Area In The Kruger National Park That Broke Out on 4 September 2001[30] David Dlamafa Ngobeni[31] 21 December 2001[31]
Jali Commission[32] Constitution of the Republic of South Africa, 1996 Section 84(2) and Commissions Act[30][32] Inquiry into alleged incidents of corruption, maladministration, violence or intimidation in Department of Correctional Services[32] Thabani Jali[32] 3 December 2001[32]
Inquiry into human rights violations in farming communities[33] Human Rights Commission Act, 54 of 1994. Section 9(6)[34] Inquiry into incidence of human rights violations within farming communities and for holding a public inquiry.[34] Jody Kollapen[34] 11 June 2001[34]
Ngoepe Commission[35] Commissions Act, 8 of 1947
Section 1[36] 		Inquiry into the 11 April 2001 Ellis Park disaster[36] B M Ngoepe[36] 20 April 2001[36]
Nel Commission[4] not known Inquiry into the Affairs of the Masterbond Group and Investor Protection in South Africa.[37] H C Nel[37] April 2001[37]
Truth and Reconciliation Commission[38] Promotion of National Unity and Reconciliation Act, 34 of 1995[38] The commission invited witnesses of gross human rights violations to give statements about their experiences, and selected some for public hearings.[38] Desmond Tutu[38] December 1995[38]

See also

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References

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  1. ^ "Mokgoro Commission of Enquiry Report". thepresidency.gov.za. Retrieved 13 August 2022.
  2. ^ a b c d "General Notices • Algemene Kennisgewings" (PDF). gov.za. Retrieved 13 August 2022.
  3. ^ a b c d "Our Mandate". Department of Justice and Constitutional Development. Retrieved 13 August 2022.
  4. ^ a b c d e f g h i j k "Commission Reports". gov.za. Retrieved 13 August 2022.
  5. ^ a b c d "President Cyril Ramaphosa receives Nugent Commission final report". gov.za. Retrieved 13 August 2022.
  6. ^ "General Notices • Algemene Kennisgewings" (PDF). justice.gov.za. Retrieved 13 August 2022.
  7. ^ a b "The Presidency still awaits the final report of the Zondo Commission and rejects speculations of interference with the Judiciary". gov.za. Retrieved 13 August 2022.
  8. ^ "Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State". gov.za. Retrieved 13 August 2022.
  9. ^ a b "Proclamations • Proklamasies" (PDF). gov.za. Retrieved 13 August 2022.
  10. ^ a b c d "Commission of Inquiry into Higher Education and Training". gov.za. Retrieved 13 August 2022.
  11. ^ "Proclamations • Proklamasies" (PDF). gov.za. Retrieved 13 August 2022.
  12. ^ "General Notice" (PDF). gov.za. Retrieved 13 August 2022.
  13. ^ a b c d "About the Commission". gov.za. Retrieved 13 August 2022.
  14. ^ a b c "Khayelitsha Commission of Inquiry – The Way Forward". gov.za. Retrieved 20 August 2022.
  15. ^ "Kate O'Regan". law.ox.ac.uk. Retrieved 20 August 2022.
  16. ^ "Khayelitsha inquiry's recommendations into policing in the crime-infested township still ignored seven years on". mg.co.za. Retrieved 20 August 2022.
  17. ^ "The integrity of the SA Government has been restored once again". gov.za. Retrieved 13 August 2022.
  18. ^ a b c d "Chapter 1 - Introduction (Page 1)" (PDF). gov.za. Retrieved 13 August 2022.
  19. ^ "Motlanthe to announce decision on Ginwala Enquiry Report: 8 December". gov.za. Retrieved 13 August 2022.
  20. ^ "Enquiry into the fitness of Advocate VP Pikoli to hold the office of National Director of Public Prosecutions" (PDF). gov.za. Retrieved 13 August 2022.
  21. ^ a b c "Dr Frene Ginwala on enquiry into fitness of Adv Pikoli to hold office of National Director of Public Prosecutions". gov.za. Retrieved 13 August 2022.
  22. ^ a b c "Government Notice" (PDF). gov.za. Retrieved 13 August 2022.
  23. ^ a b c "Commission of Inquiry into Allegations of Spying Against the National Director of Public Prosecutions, Mr B T Ngcuka" (PDF). gov.za. Retrieved 13 August 2022.
  24. ^ "Donen Commission of Inquiry into the Oil for Food Programme in Iraq: Synopsis". gov.za. Retrieved 13 August 2022.
  25. ^ a b c "Proclamation" (PDF). gov.za. Retrieved 13 August 2022.
  26. ^ Bond, P. (2003). Against Global Apartheid: South Africa Meets the World Bank, IMF and International Finance. Zed Books. p. 315. ISBN 978-1-84277-393-2. Retrieved 20 August 2022.
  27. ^ a b "Proclamation" (PDF). gov.za. Retrieved 20 August 2022.
  28. ^ "Commission of Inquiry into the Rapid Depreciation of the Exchange Rate of the Rand and Related Matters, 2002". gov.za. Retrieved 20 August 2022.
  29. ^ "Hubris characterises African Bank boss Kirkinis, Myburgh Commission says. (2016)". daedalustrust.com. Retrieved 20 August 2022.
  30. ^ a b c d "Commission of Enquiry Into The Fire at the Pretoriuskop Area in the Krugrer National Park That Broke Out On 4 September 2001" (PDF). gov.za. Retrieved 20 August 2022.
  31. ^ a b "Department of Environmental Affairs and Tourism" (PDF). gov.za. Retrieved 20 August 2022.
  32. ^ a b c d e "Jali Commission of Inquiry". pmg.org.za. Retrieved 13 August 2022.
  33. ^ "Inquiry into human rights violations in farming communities". gov.za. Retrieved 20 August 2022.
  34. ^ a b c d "Final Report of the Inquiry into incidence of human rights violations within farming communities" (PDF). gov.za. Retrieved 20 August 2022.
  35. ^ "No need for inquiry into deadly FNB Stadium stampede: Nathi Mthethwa". sowetanlive.co.za. Retrieved 20 August 2022.
  36. ^ a b c d "Final Report, Commission of Inquiry Into the Ellis Park Stadium Soccer Disaster of 11 April 2001" (PDF). gov.za. Retrieved 20 August 2022.
  37. ^ a b c "The Final Report of The Commission of Inquiry Into The Affairs of The Masterbond Group And Investor Protection In South Africa". gov.za. Retrieved 20 August 2022.
  38. ^ a b c d e "Truth Commission: South Africa". usip.org. Retrieved 13 August 2022.
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