Each such commission shall specify the subject of inquiry, and may, in the discretion of the governor, if there is more than one commissioner, direct which. The commission of inquiry act, 1952 is an act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. The commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, the subjectmatter of the inquiry 11 and any person so required shall be deemed to be legally bound to furnish. It can also be found in appendix 8 contained in section 5 of the report pages 115118 of the pdf. It lays down that the appropriate government may, if. Commissions of inquiry act 1950 queensland legislation. Sam abal mp pursuant to his powers under section 2 of the commission of inquiry act chapter 31 on 21st july 2011 to investigate and inquire into sabls and their operations. Everything you need to know about all the commissions of.
A commission issued under this act shall not lapse by reason of, or be otherwise affected by, the death, absence or removal of the president issuing the same. What is the importance of the commission of inquiry act. The commission of inquiry was established pursuant to. This act may be cited as the commissions of inquiry act. You are hereby summoned to appear before the commissioners appointed by the president to inquire state briefly the subject of inquiry at place upon the day of 19, at oclock, and to give evidence respecting such inquiry. Each commissioner appointed under this act shall make and subscribe. Omitted by the competition amendment act, 2007 23 24. Amendment act 79 of 1971statement of objects and reasons. Orders by commission after inquiry onto agreements or abuse of 25 dominant position 28. Commission of enquiries act, 1952 bare acts law library. Commissions of investigation act 2004 irish statute book.
Ii of 1980 provides the commission may, subject to informing the attorney general in that behalf, undertake the examination of any matter without waiting for a reference on it by the attorney general. In every case where, under this act, or any other act or the letters patent constituting the office of the governorgeneral, the governorgeneral or the governorgeneral in council appoints 1 or more judges of the high court or former judges of the high court to be members of a commission for the purpose of holding an inquiry, every such judge. Nov 26, 2018 in every case where, under this act, or any other act or the letters patent constituting the office of the governorgeneral, the governorgeneral or the governorgeneral in council appoints 1 or more judges of the high court or former judges of the high court to be members of a commission for the purpose of holding an inquiry, every such judge. Commissions of inquiry act 1908 no 25 as at 26 november 2018. This commission of inquiry coi was established by acting prime minister hon. Sections 2, 3 and 6 amended by general law amendment act 49 of 1996. Short title 1 this act may be cited as the public inquiries act.
Commissions of inquiry act 1950 current as at 5 march 2017 page 5 authorised by the parliamentary counsel 4a interaction of commission with courts etc. Duties of commissioners the commissioners shall, after taking the oath, make a full faithful and impartial inquiry into the matter specified in their commission, and shall conduct such inquiry in. Ohchr hrc commissions of inquiry, factfinding missions. The commissions of inquiry bill, 1952 was passed by both the houses of parliament and after being assented by the president of india it became the commissions of inquiry act, 1952 60 of 1952 list of amending acts. Under the powers vested in me by section 1 of the commissions act, 1947 act no. Zimbabwe commission of inquiry into the matabeleland disturbances duration. Commissioner means the person to whom a commission is issued under this act. The commission of inquiry will have to formally submit its report well ahead of the march 2014 session of the human rights council. The commission of inquiry amendment act, 1986 36 of 1986 4. Led by distinguished individuals, experts or judges, commissions of inquiry have the power to subpoena witnesses, take evidence under oath and request documents. Commissions of inquiry act, 1952 60 of 1952 list of amending acts 1. Commissions act 8 of 1947 south african government.
Inquiry not to be interrupted by reason of vacancy or change in the constitution of the commission. Zimbabwe commission of inquiry into the matabeleland disturbances also known as the chihambakwe commission of inquiry dates of operation. In exercise of the powers conferred by section 8 of the pakistan commission of inquiry act 1956, and all other enabling provisions in this behalf the commission of inquiry on enforced disappearances is pleased to make the following regulations laying down the procedure for. The commissions of inquiry amendment act, 1971 79 of 1971 2. The commissions of inquiry amendment act, 1988 63 of 1988 5. Omitted by the competition amendment act, 2007 23 25. Amendment act 36 of 1986statement of objects and reasons. Commission of inquiry act 1914 87kb pdf, june 30, 1974, in presidential legal notice no. Report of the commission of inquiry ministry of health. The state president is also empowered by the act to make regulations in relation to such a commission. The delegated legislation provisions amendment act, 1985 4. Ohchr coidprk commission of inquiry on human rights in the. Commission means a commission of inquiry appointed under section 2. In order to meaningfully address all the issues shared with the commission of inquiry, the commission of inquiry will receive information until 3 november 20.
The commission of inquiry act 1952 law commission of india. Functions, power and legal status te ara encyclopedia of. Statutory commissions of inquiry are appointed by the governorgeneral on the advice of the government. The chihambakwe commission of inquiry was established by president mugabe in 1983 to investigate the alleged massacres and to assuage widespread international and domestic criticism of the killings in matabeleland. Taking into account the importance of the act and the need for a proper system of inquiries, the. A commission may inquire into the conduct of any civil servant, the conduct or. The delegated legislation provisions amendment act, 1985 4 of 1986 3. A commission of inquiry issued by the governor in council, whether before or after the commencement of schedule 2, is an entity to which the rti act does not apply. Commissions of inquiry act 1908 no 25 as at 26 november.
This act may be cited as the commissions of enquiry act 1950. What is the importance of the commission of inquiry act, 1952. Commission of inquiry children in state care and children on. Notes on the nature and conduct of commissions of inquiry. Since its enactment the statute has been amended seven times. In many common law countries, such as the united kingdom, ireland, australia and canada, such a public inquiry differs from a royal commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum and focuses on a more specific occurrence.
The commissions of inquiry act was enacted on august 14, 1952 for the purpose of appointing commissions of inquiry and to impose certain functions and powers on such commissions. Commissions of inquiry under the rti act office of the. It lays down that the appropriate government may, if it is of opinion that it is necessary so to. Certain difficulties and deficiencies experienced in the working of the commissions of inquiry act, 1952 were referred to the law commission for suggesting suitable amendments to the act. The judicial commission of inquiry into allegations of state capture, headed by deputy chief justice raymond zondo, was appointed on february 8. Whenever it shall appear to the governorgeneral that it will be for the public benefit so to do, the governorgeneral may issue a commission in the form of the first schedule to this act appointing persons, not less than three in number, to inquire into and report upon any matter. Section 3 of this act provides for appointment for commission. Commissions of inquiry act issue 1 c31 2 4 subject to subsection 5, the inquiry shall, in the absence of a direction to the contrary, be held in public. Justice samuel elkana onderi bosire, a judge of appeal as chairman and hon. Each commissioner appointed under this act shall make and subscribe an oath that he will faithfully, fully, impartially and. And as is often the case, the amendments have not necessarily made the. This act may be cited as the special commissions of inquiry act 1983.
Commissions of inquiry act 1914 uganda legal information. The inquiry, first suggested by former public protector thuli madonsela in her state of capture report of 2016, was instructed to investigate allegations of state capture, corruption and fraud in the public sector including organs of state. Commission of inquiry definition and meaning collins. Commissions of inquiry legal definition of commissions of. Being an act to provide for commissions of inquiry. Commissions of inquiry act seychelles legal information. Inquiry and report on the law of marriage act, 1971 section 91 of law reform commission of tanzania act, no. Commissions of inquiry act 1935 first schedule form of oath to be taken by a commissioner i blank having been appointed under a commission, dated the blank day ofblank 19 blank issued by the governor to be a commissioner to inquire into the matterspecified in the said commission, do swear by almighty god that i will faithfully, fully and. Whereas, in terms of section 21 of the c0mmissions of inquiry act chapter 10. The application of the act extends o the state of jammu and kashmir in matters relating to the inquiry conducted by the commission appointed under the act. The commissioners shall, after taking the oath or making the affirmation as provided in section 4, make a full, faithful and impartial inquiry into the matter specified in the commission. Jurisdiction of high court during incapacity of commissioner or following completion of inquiry.
In this act authority of a deputy to the commission means the powers, authorities, duties and functions which a deputy to a commission is. Commissions of inquiry are established by the governor in council cabinet to fully and impartially investigate issues of national importance. Following these incidents, the president of the republic of zimbabwe, his excellency emmerson dambudzo mnangagwa, appointed a commission of inquiry in terms of section 21 of the commissions of inquiry act chapter 10. They operate under the commissions of inquiry act 1908, and are independent of government, but receive administrative assistance from the department of internal affairs. Right of appeal against order made in respect of contempt of commission. Commissions of inquiry act 1935 and generally to perform such duties connected with such enquiry as the commissioners may prescribe. First, the initiative in the appointment of a commission of inquiry rests entirely with the executive. Subsection 4 of section 3 of the commissions of inquiry act, 1952 provides that the appropriate government shall cause to be laid before the house of the people or, as the case may be, the legislative assembly of the state, the report, if any, of any commission on the inquiry made by. Persons likely to be prejudicially affected to be heard if, at any stage of the inquiry, the commission. Act 119 commissions of enquiry act 1950 an act to make provision for the holding of commissions of enquiry.
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