Commissions of inquiry (amendment) Act 2008

. "(a) thC: administr:1tion, management and functions of any department of Government. any statutory body. any public or local authority or any other instirution ; or

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investigate or inquire or to both investigate and inquire, as the case may be, and report .upon such administration, management, functions, conduct, matter or incident ;

·' · ' thereof. of the following subsections :-

.. "(3) A member of the Commission appointed by

· Warrant issued under subsection (1) shall be removed, only-if the President is satisfied that such

· -· member:-

. (a) has abused or misused his office as a inember

... ; or has abused or misused the powers confe1Ted on him under this Act or by the Warrant appointing the Commission ;

(b)

has engaged in bribe(y or corruption ; or

· subsection (3) the President shall forthwith report such fact to Parliament stating therein the reasons for the removal of such member.

.'·:·

·, , (5) Where the Commission consists of more than one member, not less than one half of the total number of members-present, (which shall include the Chairman of the Commission) may, hot,vithstandinf, any vacancy in the membership of the Commission, exercise· the powers of the

.. -· Commission under this Act.

··(6) The reports of the Commission shall contain the views of all the members of the Commis¼on, including dissenting views if any and such reports

. shall be signed by all the members save and except

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where a member of the Commission dies, resigns,

, desires to be discharged, refuses or becomes unable to act as a member of the Commission or to place his signature in such report.".

"(bb) to make an application to any Court of 1' .. w.

or any tribunal to obtain certified copies of any proceedings of any case, any document or any certified copy of such document or of any other material filed or recorded in such court of law or tribunal ;

(bbb) to require any person to produce any document, a certified copy thereof or any other material which is in his possession or custody;

(bbbb) to require any person to provide to the

Commission any information in writing which he is likely to possess;'! .

.

· "(2) Where any report is rendered in terms of any Warrant issued to a Commission appointed

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'under this Act, such Commission may make recommendations to the relevant disciplinary authority with rÜgard to the action that it considers necessary to be taken in respect of any person whose conduce is the subject of the inquiry or investigation or who is in any way implicated or concerned in the matter which such Commission was warranted to investigate or inquire into''.

lnscnion of sections 23, 24, 25 and 26 in lhe principal enaclment.

S; The following new sections are hereby inserted immediately after section 22 of the principal enactment and shall have effect as sections 23. 24, 25 and 26 of that enactment :-

"Assistance of public officers in investigations or inquiries.

lns1i1u1ion of

Criminal·

Proceedings.

23. Where a Commission of Inquiry appointed in terms of this Act, has been required by the President to conduct an investigation or inquiry or both an investigation and inquiry into any matter or incident. notwithstanding the generality of the powers conferred on such

Commission, it shall be entitled to obtain the assistance of a public officer selected by the

Commission. ·Nith the concurrence of the relevant appointing authority. and through such officer cause the conduct of investigations into any relevant matter or incident under its direction and supervision

Provided however. the Commission shall not arrive at any conclusion on such matter or incident investigated into, unless the

Commission has examined the material collected in the course of such investigation and inquired into such matter or incident. observing the rules of natural justice.

24. Notwithstanding anything to the contrary in the Code of Criminal Procedure Act,

· No. 15 of 1979 or any other Jaw, it shall be

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-lawful for the Allorney-General to instill!te criminal proceedings in a court of law in resp.::ct of any offence, based on material collected in the course of an investigation or inquiry or both an investigation and inquiry. as the case may be, by a Commission of Inquiry appointed under this Act.

Commission

25. ( l) A Commission oflnquiry appointed 10 make rules. under this Act, shall subject to the provisions of this Act and any other law, with the approval of the Minister, have the power to make rules relating to the organizational structure, mandates of subordinate structures and functions of officers of the Commission.

Powers of !he

Attorney·

General.

Gazetre.

26. (I) In the conduct of an inquiry or investigation under thì provisions of this Act, the Attorney-General rnay-

inquiry as the case may be ;

Commission if it appears to him that

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the evidence of such witness is material to, or has disclosed information relevant to, the investigation or inquiry as the case may be.

Ge nera-1. the Commission shall make available to the Attorney-General copies of all statements and testimonies re<:orded and any other material collected or received by such Commission in the course of the

· conduct of such inquiry or investigation as the case may be.".