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 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 | Yvonne Mokgoro | 9 November 2018 | |
PIC Commission[3] | Constitution of the Republic of South Africa, 1996 Section 84(2)(f) | Inquiry into allegations for impropriety regarding Public Investment Corporation | Lex Mpati | 17 October 2018 | |
Nugent Commission[4] | Constitution of the Republic of South Africa, 1996 Section 84(2)(f)[5] | Inquiry into Tax Administration and Governance by SARS | Robert Nugent | 23 May 2018 | |
Zondo Commission[6] (aka State Capture Commission)[7] | Commissions Act 1947 (8 of 1947) Section 1[8] | Inquiry into allegations of state capture, corruption and fraud in the Public Sector including organs of State | Raymond Zondo | 8 February 2018 | |
Fees Commission[9] | Constitution of the Republic of South Africa, 1996 Section 84(2)(f) | Inquiry into Higher Education and Training | John Heher | 14 January 2016[10] | |
Cassim Inquiry | National Prosecuting Authority Act (32 of 1998) Section 12(6)(a)[11] [12] | Inquiry into the National Director of Public Prosecutions’ fitness to hold office. | Nazeer Ahmed Cassim | 5 February 2015 | |
Marikana Commission[13] | 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 Province | Ian Farlam | 23 August 2012 | |
Khayelitsha Commission of Inquiry[14] | 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 police | Kate O'Regan[15] | August 2012[16] | |
Seriti Commission (aka Arms Procurement Commission)[17] | 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 | 24 October 2011 | ||
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] | 4 October 2007 | ||
Khampepe Commission | 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 | 1 April 2005 | |
Hefer Commission | Commissions Act, 8 of 1947 Section 1[23] | Inquiry into Allegations of Spying Against the National Director of Public Prosecutions, Mr Bulelani Thandabantu Ngcuka | 19 September 2003 | ||
Donen Commission[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 | 13 February 2002 | |
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 | |
Ngobeni Commission of Inquiry[30] | Constitution of the Republic of South Africa, 1996 Section 84(2)(f) and Commissions Act | Inquiry Into the Fire at the Pretoriuskop Area In The Kruger National Park That Broke Out on 4 September 2001 | David Dlamafa Ngobeni | 21 December 2001[31] | |
Jali Commission | Constitution of the Republic of South Africa, 1996 Section 84(2) and Commissions Act[32] | Inquiry into alleged incidents of corruption, maladministration, violence or intimidation in Department of Correctional Services | Thabani Jali | 3 December 2001 | |
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. | Jody Kollapen | 11 June 2001 | |
Ngoepe Commission[35] | Commissions Act, 8 of 1947 Section 1 | Inquiry into the 11 April 2001 Ellis Park disaster[36] | B M Ngoepe | 20 April 2001 | |
Nel Commission | Inquiry into the Affairs of the Masterbond Group and Investor Protection in South Africa. | H C Nel[37] | April 2001 | ||
Truth and Reconciliation Commission[38] | Promotion of National Unity and Reconciliation Act, 34 of 1995 | The commission invited witnesses of gross human rights violations to give statements about their experiences, and selected some for public hearings. | Desmond Tutu | December 1995 |