List of Commissions of Inquiry in South Africa explained

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 Yvonne Mokgoro9 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 CorporationLex Mpati17 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 SARSRobert Nugent23 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 StateRaymond Zondo8 February 2018
Fees Commission[9] Constitution of the Republic of South Africa, 1996 Section 84(2)(f)Inquiry into Higher Education and TrainingJohn Heher14 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 Cassim5 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 ProvinceIan Farlam23 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 policeKate 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 Packages24 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 CommissionConstitution 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 Khampepe1 April 2005
Hefer CommissionCommissions Act, 8 of 1947
Section 1[23]
Inquiry into Allegations of Spying Against the National Director of Public Prosecutions, Mr Bulelani Thandabantu Ngcuka19 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 IraqMichael Donen13 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 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 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 ServicesThabani Jali3 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 Kollapen11 June 2001
Ngoepe Commission[35] Commissions Act, 8 of 1947
Section 1
Inquiry into the 11 April 2001 Ellis Park disaster[36] B M Ngoepe20 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 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

Notes and References

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