Commissions of Inquiry Act
Act 10 of 1962
- Commenced on 15 October 1962
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
1. Short titleThis Act may be cited as the Commissions of Inquiry Act.
2. Power of President to issue Commissions of Inquiry
3. Power to add or replace Commissioners and to alter or revoke Commissions
4. Commissions, etc., to be published in the GazetteEvery Commission issued under this Act and any alteration or revocation thereof shall be published in the Gazette and shall take effect from the date of such publication.
5. Commissions not affected by change of PresidentNo commission issued under this Act shall lapse by reason of, or otherwise be affected by, the death, absence or removal of the President who issued such Commission.
6. Oath of office of CommissionersEvery Commissioner appointed under this Act shall make and subscribe an oath or affirmation in the form in the schedule hereto, which oath or affirmation may be taken or made before the President, or before such person as the President may appoint, and shall be forwarded for safe keeping to the proper officer under section 15 of the Official Oaths Act.
7. Power to appoint secretary: His duties
8. Duties of Commissioners definedThe Commissioners shall, after taking the oath or making the affirmation prescribed in section 6, make a full, faithful and impartial inquiry into the matter specified in the Commission, and shall conduct such inquiry in accordance with the directions (if any) in the Commission; and, in due course, shall report to the President in writing the result of such inquiry; and also, when required, shall furnish to the President a full statement of the proceedings of the Commission, and of the reasons leading to any conclusion arrived at or reported.
9. Quorum. Chairman's casting vote
10. Commissioners power for regulating proceedingsSubject to the terms of the Commission, the Commissioners may regulate the conduct and management of the proceedings before them, may fix hours and times and places for their sittings as they may from time to time think fit, and may from time to time adjourn for such time and to such place as they may think fit.
11. Mode of holding inquiryIn the absence of a direction to the contrary in the Commission, the inquiry shall be held in public, but the Commissioners may exclude any particular person or persons for the preservation of order, for the due conduct of the inquiry or for any other reason.
12. Power to summon and examine witnesses
13. Duty of witnesses summonedAll persons summoned to attend and give evidence, or to produce books, plans, or documents at any sitting of the Commission shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey a summons issued from the Supreme Court, and the Commissioners shall have the powers of that Court to compel the attendance of any witness failing to obey such summons.
14. Penalty for contumacy, insult, interruption of proceedings and other contemptEvery person who—
15. Remuneration to witness
16. Representation by counsel or attorneyAny person whose conduct is the subject of inquiry under this Act, or who is in any way implicated or concerned in the matter under inquiry, shall be entitled to be represented by counsel or attorney at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may, by leave of the Commissioners, be represented in the manner aforesaid.
17. Indemnity of Commissioners. Non‑liability of Commissioners to arrest
18. Indemnity to witness making full and true disclosure
19. Remuneration to Commissioners, etc.Commissioners appointed under this Act shall not be entitled to any remuneration unless such remuneration shall be specially granted by the President beyond the actual expenses incurred in holding the inquiry, but the President may direct what remuneration (if any) shall be paid to the secretary, and to any other persons employed in or about the Commission, and may direct payment of any other expenses attendant upon the carrying out of the Commission. Such sums, so directed to be paid, shall be paid out of general revenues.
20. Police officers detailed to attend Commissioners: Their dutiesThe President may direct the Commissioner of Police to detail police officers to attend upon the Commissioners, to preserve order during the proceedings of the Commission, and to serve summonses on witnesses, and to perform such ministerial duties as the Commissioners shall direct.
21. Fiat of the Attorney General for prosecution under this ActNo proceedings shall be commenced for any penalty under this Act except by direction or with the consent of the Attorney General.
History of this document
15 October 1962