List of Commissions of Inquiry in South Africa

Last updated

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:

Inquiry nameEnabling legislationReason for inquiryChairAnnouncement 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 IraqMichael 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 knownInquiry 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

Related Research Articles

<span class="mw-page-title-main">Public holidays in South Africa</span> Public holidays of the Republic of South Africa

A list of current public holidays in South Africa:

<span class="mw-page-title-main">South African Police Service</span> National police force of South Africa

The South African Police Service (SAPS) is the national police force of the Republic of South Africa. Its 1,154 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province. The nine Provincial Commissioners report directly to the National Commissioner. The head office is in the Wachthuis Building in Pretoria.

<span class="mw-page-title-main">National Prosecuting Authority</span> South African government agency

The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to institution of criminal proceedings. The NPA is accountable to Parliament, and final responsibility over it lies with the Minister of Justice and Correctional Services.

<span class="mw-page-title-main">Procurator fiscal</span> Public prosecutor in Scotland

A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.

<span class="mw-page-title-main">Scorpions (South Africa)</span> Specialised unit of the National Prosecuting Authority of South Africa

The Directorate of Special Operations (DSO), commonly known as the Scorpions, was a specialised unit of the National Prosecuting Authority of South Africa formed by President Thabo Mbeki, tasked with investigating and prosecuting high-level and priority crimes including organised crime and corruption. An independent and multidisciplinary unit with a unique methodology which combined investigation, forensic intelligence, and prosecution, the Scorpions were known as an elite unit, and were involved in several extremely high-profile investigations, especially into the Arms Deal and into high-ranking African National Congress (ANC) politicians including Jackie Selebi, Jacob Zuma, and Tony Yengeni.

<span class="mw-page-title-main">Khayelitsha</span> Suburb of Cape Town, in Western Cape, South Africa

Khayelitsha is a township in Western Cape, South Africa, on the Cape Flats in the City of Cape Town Metropolitan Municipality. The name is Xhosa for New Home. It is reputed to be one of the largest and fastest-growing townships in South Africa.

<span class="mw-page-title-main">Frene Ginwala</span> South African politician (1932–2023)

Frene Noshir Ginwala was a South African journalist and politician who was the first speaker of the National Assembly of South Africa from 1994 to 2004. She was influential in the writing of the Constitution of South Africa and an important figure in establishing democracy in South Africa.

Brigitte Sylvia Mabandla is a South African politician, lawyer and former anti-apartheid activist who served in the cabinet of South Africa from 2003 to 2009, including as the Minister of Justice and Constitutional Development from 2004 to 2008. She became the South African Ambassador to Sweden in January 2020. A veteran of the African National Congress (ANC), she was an elected member of party's National Executive Committee between 1997 and 2012.

<span class="mw-page-title-main">Department of Health (South Africa)</span> Department of the South African government

The Department of Health is the executive department of the national government that is assigned to oversee healthcare in South Africa.

Catherine "Kate" O'Regan is a former judge of the Constitutional Court of South Africa. From 2013 to 2014 she was a commissioner of the Khayelitsha Commission and is now the inaugural director of the Bonavero Institute of Human Rights at the University of Oxford.

Vusumzi "Vusi" Pikoli is a South African advocate and the former head of South Africa's National Prosecuting Authority. He is noted for instigating criminal charges against disgraced South African police commissioner Jackie Selebi and ANC president Jacob Zuma. In 2008 he was suspended from his duties by President Thabo Mbeki, a close confidant of Selebi, and then subsequently fired by Mbeki's successor, Kgalema Motlanthe, who is an ally of Zuma. As such, opposition parties and sections of the press have claimed Pikoli is the victim of two separate political conspiracies. In October 2014 Pikoli was appointed as the Western Cape's first police ombudsman by Premier Helen Zille, whose choice was unanimously backed by the provincial legislature's standing committee on community safety.

Menzi Simelane is a South African advocate. He was appointed by Jacob Zuma as director of the South African National Prosecuting Authority in December 2009. His predecessor was Vusi Pikoli.

The copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. As of March 2019 a major amendment to the law in the Copyright Amendment Bill has been approved by the South African Parliament and is awaiting signature by the President.

<span class="mw-page-title-main">Social Justice Coalition (South Africa)</span>

Founded in 2008, the Social Justice Coalition (SJC) is a membership-based social movement made up of 12 branches, located mainly in informal settlements across Khayelitsha, Cape Town. Since its formation, the SJC has worked to advance the constitutional rights to life, dignity, equality, freedom and safety for all people, but especially those living in informal settlements across South Africa. Their campaigns are based on ongoing research, education, and advocacy and divided across two programs. The Local Government Program leads the work on sanitation, budgets, and urban land. The Safety and Justice Program is focused on policing and the criminal justice system.

<span class="mw-page-title-main">Riotous Assemblies Act, 1956</span>

The Riotous Assemblies Act, Act No 17 of 1956 in South Africa prohibited gatherings in open-air public places if the Minister of Justice considered they could endanger the public peace. Banishment was also included as a form of punishment.

<span class="mw-page-title-main">Khayelitsha Commission</span> South African commission of inquiry

The Khayelitsha Commission, also known as the O'Regan/Pikoli Commission, was a commission of inquiry appointed by Premier of the Western Cape Helen Zille to investigate allegations of police inefficiency in Khayelitsha and the breakdown in relations between the Khayelitsha community and the police. The commissioners are former Constitutional Court Justice Kate O'Regan and former National Director of Public Prosecutions Vusi Pikoli.

<span class="mw-page-title-main">Companies and Intellectual Property Commission</span>

The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade, Industry and Competition in South Africa. The CIPC was established by the Companies Act, 2008 as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.

<span class="mw-page-title-main">Prevention and Combating of Hate Crimes and Hate Speech Bill</span> South African legislation

The Prevention and Combating of Hate Crimes and Hate Speech Bill is a bill aimed at reducing offensive speech and curbing hate crimes in South Africa. The Bill was introduced in 2016 and sits before the South African National Assembly. Some of the stated intentions of the legislation include to "provide for the prevention of hate crimes and hate speech" and to "provide for effective enforcement measures" against those who express their "prejudice or intolerance towards the victim." The bill has been subject to much debate, with some groups expressing concern over the implications of restricting speech. Others have contended that the bill is necessary given the level of discrimination in South Africa.

Alexkor is a South African unincorporated joint venture diamond mining company that falls under the Department of Public Enterprises. It was previously a state-owned enterprise, when in 2007 it entered a government-funded pooling and sharing joint venture with the Richtersveld community. The company's core business is diamond prospecting and seabed mining along the north-west coast of the Northern Cape Province of South Africa up to the border with Namibia. It was founded through the proclamation of the Alexkor Limited Act, No. 116 of 1992. The company mines both land and coastal deposits for diamonds.

<i>Democratic Alliance v President</i> South African legal case

Democratic Alliance v President of the Republic of South Africa and Others, often known as Simelane, is a 2012 decision of the Constitutional Court of South Africa which expanded rationality review to include evaluation of the relationship between the procedure by which executive decisions are taken and the purpose for which the relevant executive power is conferred. Applying this augmented standard, the court held that President Jacob Zuma had acted irrationally and unconstitutionally in appointing Menzi Simelane as the National Director of Public Prosecutions, given that he had neglected to consider prima facie evidence of dishonesty by Simelane.

References

  1. ↑ "Mokgoro Commission of Enquiry Report". thepresidency.gov.za. Retrieved 13 August 2022.
  2. 1 2 3 4 "General Notices • Algemene Kennisgewings" (PDF). gov.za. Retrieved 13 August 2022.
  3. 1 2 3 4 "Our Mandate". Department of Justice and Constitutional Development. Retrieved 13 August 2022.
  4. 1 2 3 4 5 6 7 8 9 10 11 "Commission Reports". gov.za. Retrieved 13 August 2022.
  5. 1 2 3 4 "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. 1 2 "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. 1 2 "Proclamations • Proklamasies" (PDF). gov.za. Retrieved 13 August 2022.
  10. 1 2 3 4 "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. 1 2 3 4 "About the Commission". gov.za. Retrieved 13 August 2022.
  14. 1 2 3 "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. 1 2 3 4 "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. 1 2 3 "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. 1 2 3 "Government Notice" (PDF). gov.za. Retrieved 13 August 2022.
  23. 1 2 3 "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. 1 2 3 "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. 1 2 "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. 1 2 3 4 "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. 1 2 "Department of Environmental Affairs and Tourism" (PDF). gov.za. Retrieved 20 August 2022.
  32. 1 2 3 4 5 "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. 1 2 3 4 "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. 1 2 3 4 "Final Report, Commission of Inquiry Into the Ellis Park Stadium Soccer Disaster of 11 April 2001" (PDF). gov.za. Retrieved 20 August 2022.
  37. 1 2 3 "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. 1 2 3 4 5 "Truth Commission: South Africa". usip.org. Retrieved 13 August 2022.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.