Quote of the week

Senekal last week had nothing to do with solutions. It was all about politicians’ testosterone. It was all about politicians’ egos. What useful idea came out of all that heat and noise generated by all those politicians in Senekal last week? There is nothing. Nothing that makes SA a better place. Nothing that leads us to a better understanding of race relations in SA after 1994. Nothing that is a solution to farm murders – many of whose victims are poorly paid, desperate black people – or a solution to the incredibly horrendous murder and crime problem in this country.

Justice Malala
Sunday Times Daily
16 September 2011

The Commissions Act provides that once a commission has been appointed, the President may confer upon that commission the power to summon and examine witnesses, to administer oaths and affirmations and to call for the production of books, documents and objects.Failure to comply with a subpoena issued by a commission is a punishable offence. If these powers are not conferred, the commission will have no powers beyond those enjoyed by any individual or state agency conducting an investigation. The Commissions Act may only be made applicable to a commission of inquiry if it is investigating a matter of public concern…. Making the Commissions Act applicable to a commission of inquiry therefore ensures that a commission can call witnesses and obtain the production of documents and objects on pain of punishment. Nevertheless, a commission remains an investigative body whose primary responsibility is to report to the President upon its findings. A commission is generally not entitled or empowered to take any action as a result of its findings. – The Constitutional Court in the judgment of President of the Republic of South Africa v SARFU

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