Latest news with #CommissionsofInquiry
Eyewitness News
3 days ago
- Politics
- Eyewitness News
Why judicial Commissions of Inquiry are important for the functioning of democracy
Shireen Said 6 August 2025 | 11:46 The judicial commission of inquiry into corruption within the criminal justice system held a media briefing in Sandton, Johannesburg on 28 July 2025. Picture: Katlego Jiyane/EWN There is a lot of commentary in the public discourse, following the decision of the President to establish the Madlanga Commission of Inquiry tasked to inquire into, report on and make findings and recommendations concerning whether criminal syndicates, including but not limited to drug cartels, have infiltrated or exert undue influence over our law enforcement and justice system. Some people have criticised the decision of the president citing various reasons such as potential waste of taxpayers' money and others questioning the effectiveness and rationality of Judicial Commissions of Inquiry in general. It is important for members of the public to understand the nature and rationale for the establishment of Commissions of Inquiry. The first and the most critical reason being the obligation of the President to uphold, defend and respect the Constitution. The founding values of our Constitution, underpinned by the Rule of Law principles, require a government that is open and responsive, accountable, transparent and collectively outlines the principles for public administration, requiring professionalism, efficiency, and responsiveness to people's needs, whilst also encouraging public participation in policymaking. In establishing this Judicial Commission of Inquiry therefore, the President is legally obliged to uphold these constitutional principles. The other important factor that should not be undermined is the fact that one hallmark of a constitutional democracy is a populace that is educated about its rights and responsibilities. While South Africans possess a strong instinct to identify corruption and demand accountability, there remains a gap in engaging effectively with the systems designed for oversight. This is imperative to defend this constitutional democracy. An often-overlooked aspect of Commissions of Inquiry is their role in raising public awareness about widespread corruption. It is unavoidable that the impact of this Commission will be significantly shaped by media narratives throughout its duration, fostering critical discourse on the evidence presented and its implications. In this regard, the public must be fully informed and engaged with the intricate workings of this commission and how its outcomes will impact on their livelihoods and wellbeing. Commissions of Inquiry are integral to the political landscape of constitutional democracies, designed to uncover truths, expose systemic issues, and align governance with legal standards. They also serve as vital 'tools' in the 'toolbox' for constitutional democracies designed to be swift, responsive and effective. They are legal mechanisms designed to hold public officials accountable through inclusive and transparent processes. A Commission of Inquiry can make recommendations aimed at holding public officials accountable and restoring public trust in institutions. By their nature, these commissions play a significant role, providing essential insights into governance challenges and shaping responses to those issues. They are essential to strengthen the systems of governance and building open and accountable institutions. One of the primary advantages of a Judicial Commission of Inquiry is its ability to operate outside the limitations of regular governance systems, including the judiciary. These commissions are typically designed for efficiency, with clear timelines and the authority to summon witnesses and access documents. This capability is crucial for navigating the complexities of corruption and systemic challenges. Their public accessibility fosters long-term accountability and keeps the public informed about the extent of corruption, reducing opportunities for coverups. A Commission's independence is vital for its credibility and legitimacy, as the appointment of impartial leadership is essential. This contributes towards integrity governance and helps restore faith in the criminal justice system. By making constitutional principles more relatable and accessible, the public can better understand their roles within these processes, contributing to a more informed citizenry capable of holding governmental systems accountable. Ultimately, enhancing constitutional and governance literacy among citizens is crucial to combating corruption. The sore point that is always cited as a drawback to establishing Commissions of Inquiry is the issue of cost, yet it is essential to contextualise this investment against the far greater costs of corruption, illicit financial flows, and organised crime. Proper funding will enable them to function expeditiously with the necessary independence, capacity, and efficiency required to uncover the truth, hold wrongdoers accountable, and make credible recommendations for reform. Past experience has shown that well-resourced commissions have the potential to significantly transform governance, expose systemic failures, and guide institutional reforms. The cost of inaction is likely to have far more damaging effects that will extend beyond financial loss affecting national security, social security and overall wellbeing. The landmark case of Corruption Watch and Another v The Arms Procurement Commission has established a new legal framework for Commissions of Inquiry in South Africa, drawing from international best practices. Findings from such commissions can be challenged in court, ensuring that all evidence is scrutinised and validated. Their public nature – where proceedings are often broadcast live and are widely reported on in the media – help to ensure transparency. It also presents an opportunity to leverage technology for enhanced public engagement with legal processes and constitutional rights. What is indisputable is the fact that the public deserves a speedy yet meticulous process and the expeditious implementation of the findings of this commission will be critical to restoring faith in the criminal justice system. The statistics are quite scary, and this process should contribute to getting the country out of the doldrums. For instance, South Africa currently scores 65.9 out of 100, ranking 4th out of 54 countries in Africa according to the Ibrahim Index of African Governance (IIAG). This score, while above the continental average of 49.3, reflects a decline in certain governance areas, particularly in rule of law and civic participation. T The 2022 IIAG report indicates that from 2012 to 2021, South Africa experienced challenges that have eroded public trust in governance institutions. Furthermore, the 2024 Transparency International Corruption Perceptions Index places South Africa at a score of 41 out of 100, ranking it 82 out of 180 countries, highlighting ongoing struggles with public sector corruption. A recent Human Sciences Research Council survey revealed that public trust in the police has plummeted to an all-time low of 22%, underscoring the urgent need for reform. This Commission of Inquiry could be a pivotal moment for South Africa, elevating the discourse on governance and accountability and helping to address the deepening crisis in a justice system. As we navigate this pivotal moment, we must collectively garner all efforts to safeguard our constitutional democracy. Advocate Shireen Said Deputy Director General: Department of Justice and Constitutional Development
The Hindu
4 days ago
- Politics
- The Hindu
Karnataka High Court directs State government to submit Commission report on Chinnaswamy Stadium stampede
The High Court of Karnataka on Tuesday directed the State government to submit in sealed cover the report of the John Michael Cunha Commission of Inquiry on the incident of stampede that occurred outside M. Chinnaswamy stadium in Bengaluru on June 4. A Division Bench comprising Justice Jayant Banerji and Justice Umesh M. Adiga issued the direction on a petition filed by DNA Entertainment Networks Pvt. Ltd., which has challenged the legality of the procedure adopted by the Commission in conducting the inquiry. Request by government Meanwhile, Senior Advocate B.K. Sampath Kumar, appearing for DNA Networks, told the bench that the function to facilitate the Royal Challengers Bengaluru (RCB) team on the steps of Vidhana Soudha on June 4 was also arranged by DNA Networks on the request made by the State government. It may be noted that DNA is the event manager for the Royal Challengers Sports Pvt. Ltd., which owns RCB cricket team. The petitioner-company has questioned the legality of the Commission's report while alleging that the Commission had violated the principles of natural justice and contrary to the provisions of the Commissions of Inquiry (COI), 1952, as no opportunity to cross-examine the witnesses was given to DNA Networks. Reputation impacted Mr. Kumar also contended that the reputation of the company has been severely affected due to the continued publication of the Commission's report in all forms of media, as it appears that the media has all the details of the Commission's report, even though the petitioner-company was not given a copy despite multiple requests. Meanwhile, the State Advocate-General Shashi Kiran Shetty argued that DNA Network will have to approach the civil court against the media publications on the commission's report, while stating that the Government has nothing to do with publications in the media citing the Commission's report. DNA Network, in its petition, has claimed that the report of the Commission was leaked to the media but not given to the company, while pointing out that even the applications filed by it under the RTI Act have also been rejected.
Time of India
30-07-2025
- Politics
- Time of India
Telangana high court wants info on Bhoodan land donated so far and its current status
Hyderabad: Justice K Lakshman of Telangana high court on Wednesday directed the Bhoodan Board and the state govt to furnish to the court details of land donated by various donors under the Bhoodan Movement in the last 75 years and its current status along with particulars of the redistribution of the land by the state to the landless. The judge was wondering whether the Bhoodan Board will be able to display any willpower to protect even a square yard of Bhoodan land in the state. While one petitioner in this case is seeking a CBI probe, the other was seeking a probe under the Commissions of Inquiry (COI) Act. The Bhoodan Movement, a voluntary land reform movement, was initiated by Acharya Vinobha Bhave from Pochampallay village (now in Yadadri Bhuvanagiri district) in 1951. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad Conveying the stand of the state, additional advocate general T Rajanikanth Reddy informed the court that they were ready to appoint a COI probe if the court orders a statewide probe on all the Bhoodan land issues. However, he clarified, "we are opposing any such probe in the current case, because the petitioners are espousing a private cause". The judge was hearing pleas by two petitioners who sought a probe into the way Bhoodan land in Nagaram village in Rangareddy district was sold to scores of IAS and IPS officers. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo Earlier, the high court had directed the state to keep the subject land in the prohibited list till further orders. The bureaucrats, who purchased the land, approached the court urging it to vacate the restraint order. They said that the petitioners were seeking irrelevant reliefs with unconnected facts. There are four survey numbers in the village and the land they purchased has nothing to do with Bhoodan land. They also contended that the petitioners later started raising new contention that the land was not Bhoodan land but govt land. The counsel for one of the petitioners, who was seeking a probe under the CoI Act, did not turn up for Wednesday's hearing and a proxy counsel sought time to present their case. Senior counsel P Sri Raghu Ram appeared for the bureaucrats and said that the petitioners have no locus standi to raise the issues. They came to court without any material to make out a case, he said. Urging the court to vacate the restraint order, he said that courts could grant prohibitory orders only when the petitioners have any legal right over the land. "Courts can give such orders only when there are any legally enforceable rights under Article 226 of the Constitution," Sri Raghu Ram said. The judge posted the case to Thursday for further hearing.
The Hindu
24-07-2025
- Politics
- The Hindu
DNA Networks moves Karnataka HC against report of Commission of Inquiry on stampede
DNA Entertainment Networks Pvt. Ltd., an event management company, on Thursday moved the High Court of Karnataka challenging the report submitted by the one-man Commission of Inquiry on the incident of stampede outside M. Chinnaswamy stadium in Bengaluru during the victory celebrations of Royal Challengers Bengaluru (RCB) team on June 4. John Michael Cunha, a retired judge of the High Court of Karnataka, had conducted the inquiry under the provisions of the Commissions of Inquiry (CoI) Act, 1952, on the terms and reference notified by the State government, and submitted the report to the government on July 11. 'Biased manner' 'The commission seems to have proceeded in a biased manner as if it is a fault-finding commission rather than a fact-finding commission, and thus report is vitiated,' it has been alleged in the petition while pointing out that a copy of the report was not given to the petitioner even though it was leaked to the media. Finding several flaws in the 'hastily' conducted inquiry proceedings, the DNA has alleged that the entire inquiry process would be violative of the principles of natural justice and contrary to the provisions of the CoI Act, 1952, as no opportunity to cross-examine the witnesses was given to it. '...the haste with which the respondents conducted the inquiry gives the impression that the government wanted to save its skin and that the Commission of Inquiry was a mere eyewash in order to pacify the general public and to deflect the blame from itself by making innocent persons such as the petitioner and its officials a scapegoat,' it has been alleged in the petition. DNA, which participated in the inquiry proceedings before the commission, has also contended that it was not given a copy of the depositions of its witnesses and the other witnesses as well as the documents marked in spite of the making written request in this regard. It has also been claimed in the petition that the commission failed to give a personal hearing as per the provisions of the Act before making any adverse remarks that could prejudicially affect reputation of any person, despite the request in this regard made by the representative of the DNA.
Reuters
24-06-2025
- Politics
- Reuters
Funding crisis stalls UN probe into possible war crimes in Congo
GENEVA, June 23 (Reuters) - A U.N.-mandated commission investigating suspected human rights violations and war crimes in Democratic Republic of Congo cannot proceed due to a funding crisis in the U.N. human rights office (OHCHR), according to a letter seen by Reuters. The OHCHR is facing a major cash crunch caused by some countries failing to fully pay their contributions, compounded by major cuts in foreign aid by the United States under President Donald Trump. In February, a special session of the Human Rights Council in Geneva agreed to set up a fact-finding mission and a formal Commission of Inquiry to investigate rights violations, including massacres and sexual violence in North and South Kivu in the east of the DRC, including the cities of Goma and Bukavu after they were seized by Rwanda-backed M23 rebels. Rwanda has denied supporting the M23. Less than six months later, the Commission of Inquiry cannot deliver results "until and unless funding is made available", according to the appendix of the letter sent by the U.N. High Commissioner for Human Rights, Volker Turk. He warned that financial and staffing constraints are "critically impeding" investigative work and voiced alarm at the impact of budget cuts on measures to protect human rights. Voluntary contributions to Turk's office are down by $60 million this year, OHCHR told Reuters. Alex El Jundi, head of the Investigations Support Unit at OHCHR, told an informal meeting with council members on Monday the situation was regrettable given preliminary findings of summary executions and "horrific sexual violence," along with other violations. Many of the abuses could constitute war crimes, he said. Commissions of Inquiry (COI) can yield evidence that can be used in pre-trial investigations by tribunals such as the International Criminal Court. El Jundi said the office's reserves are exhausted after it exceptionally allocated $1.1 million of regular funding to launch the fact-finding mission, leaving no resources to start the COI's work. It is budgeted at about $3.9 million. South Africa's envoy at the meeting described the delay as a "grave mistake" and the DRC's representative said it risked creating the impression that the investigation was not important to the OHCHR. The OHCHR told Reuters it would do "everything possible" to secure regular budget funds as early as 2026 to launch the COI.
