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 dateMokgoro Commission National Prosecuting Authority Act (32 of 1998)Section 12(6)(a) Enquiry into fitness of Advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso Mrwebi to hold the office Yvonne Mokgoro9 November 2018 PIC CommissionConstitution of the Republic of South Africa, 1996 Section 84(2)(f)Inquiry into allegations for impropriety regarding Public Investment CorporationLex Mpati17 October 2018 Nugent Commission Constitution of the Republic of South Africa, 1996 Section 84(2)(f) Inquiry into Tax Administration and Governance by SARSRobert Nugent23 May 2018Zondo Commission(aka State Capture Commission)Commissions Act 1947 (8 of 1947)Section 1 Inquiry into allegations of state capture, corruption and fraud in the Public Sector including organs of StateRaymond Zondo8 February 2018Fees Commission Constitution of the Republic of South Africa, 1996 Section 84(2)(f)Inquiry into Higher Education and TrainingJohn Heher14 January 2016Cassim Inquiry National Prosecuting Authority Act (32 of 1998)Section 12(6)(a) Inquiry into the National Director of Public Prosecutions’ fitness to hold office.Nazeer Ahmed Cassim5 February 2015Marikana Commission Constitution of the Republic of South Africa, 1996 Section 84(2)(f) Enquiry into tragic incident at or near area commonly known as Marikana Mine in Rustenburg, North West ProvinceIan Farlam23 August 2012Khayelitsha Commission of Inquiry Constitution of the Republic of South Africa, 1996 Section 206(5) To investigate allegations of police inefficiency in Khayelitsha and the breakdown in relations between the community and the policeKate O'ReganAugust 2012Seriti Commission (aka Arms Procurement Commission) Constitution of the Republic of South Africa, 1996 Section 84(2)(f) Inquiry into allegations of fraud, corruption, impropriety or irregularity in the Strategic Defence Procurement PackagesWillie Seriti 24 October 2011 Ginwala EnquiryNational Prosecuting Authority Act 32 of 1998Section 12(6)(a)Enquiry into the fitness of Advocate Vusumuzi Pikoli to hold the office of National Director of Public Prosecutions Frene Noshir Ginwala 4 October 2007 Khampepe CommissionConstitution of the Republic of South Africa, 1996 Section 84(2)(f) To investigate the Scorpions and recommend on whether they should be merged into the South African Police Service.Sisi Khampepe1 April 2005Hefer CommissionCommissions Act, 8 of 1947Section 1 Inquiry into Allegations of Spying Against the National Director of Public Prosecutions, Mr Bulelani Thandabantu NgcukaJoos Hefer 19 September 2003 Donen CommissionCommissions Act, 8 of 1947Section 1Inquiry into the Alleged Illicit Activities of Certain South African Companies or Individuals Relating to the United Nations Oil-for-Food Programme in IraqMichael Donen13 February 2002Myburgh Commission Commissions Act, 8 of 1947Section 1 Inquiry into the Rapid Devaluation of the External Value of the Rand John Myburgh 30 January 2002Ngobeni Commission of InquiryConstitution of the Republic of South Africa, 1996 Section 84(2)(f) and Commissions ActInquiry Into the Fire at the Pretoriuskop Area In The Kruger National Park That Broke Out on 4 September 2001 David Dlamafa Ngobeni 21 December 2001Jali Commission Constitution of the Republic of South Africa, 1996 Section 84(2) and Commissions Act Inquiry into alleged incidents of corruption, maladministration, violence or intimidation in Department of Correctional ServicesThabani Jali3 December 2001Inquiry into human rights violations in farming communitiesHuman Rights Commission Act, 54 of 1994. Section 9(6)Inquiry into incidence of human rights violations within farming communities and for holding a public inquiry. Jody Kollapen11 June 2001Ngoepe Commission Commissions Act, 8 of 1947Section 1Inquiry into the 11 April 2001 Ellis Park disasterB M Ngoepe20 April 2001Nel Commission Inquiry into the Affairs of the Masterbond Group and Investor Protection in South Africa. H C Nel April 2001Truth and Reconciliation Commission Promotion of National Unity and Reconciliation Act, 34 of 1995The commission invited witnesses of gross human rights violations to give statements about their experiences, and selected some for public hearings. Desmond TutuDecember 1995
See also List of committees of the Parliament of South Africa
References