Broadcast Type: News; North West University law lecturer Advocate Justice Khoza discusses the cost versus constitutional value of commissions of enquiry.
welcome back zondo phaahla mompati currently now underway the mahlangu commission into police criminality now over the last decade commissions of enquiry have become south africa's default response to institutional crisis and state capture accumulating a tax rate price tag r well exceeding billion one point two rand now while dramatic they can provide a public record of corruption critics they lack argue that real prosecutorial teeth and delay justice joining us now to unpack the true cost versus the constitutional value of these enquiries north-west as university law lecturer advocate justice khoza advocate thank you very much for your time this morning i mean just arguments from critics say that these commissions have become a a spectacle bit of without real enforcement where damning are simply findings shelved how do you respond this public frustration to especially because there is a one point two billion rand price tag attached thank you very much good morning to you and to the listeners and viewers zero of commissions inquiry have been established for a clear governmental purpose one reason why is they are essential that they combat also human rights violations especially corruption measures the reason why people that find commissions of inquiry are not necessarily delivering in terms of their mandate is because the implementation of of their findings fact never mind the that commissions of inquiry do cost money there are a number of stakeholders involved experts that require compensation for their findings investigations these measures all must be put into place however the funding of the commission of inquiry comes from the budget that is approved an executive which is decision by the president and that you know given in this unique commissioners instances where are relevant and required where mechanisms are not sufficient to address the issue at hand there are most essential to uphold our democratic rights especially given that you know in government different you know different departments in government there is complications and complex matters sometimes which be resolved cannot by normal administrative mechanisms inquiries commissions of are essential but they are quite costly that is another issue that the public to grapple with has but more importantly which not deviate will from the fact that there they are for the purpose of establishing gone what has wrong which could not be established for normal actions as you know their costs be relationship should to the impact that they make there is sufficient impact there will be obviously a a push for the executive especially presidency the after receiving those recommendations that the presidency must act on those recommendations if not acted upon they are thus it would make of inquiry commissions rather you know pointless given that yes ja i mean and that is really part of your counter argument right because you are you argue that the commission's effectiveness shouldn't necessarily just be judged purely through the financial lens i mean if we just look the mahlangu commission at which is currently underway already spent they've a hundred and twenty-three of million rand the hundred and forty seven budget million rand that and they are also eyeing extension an but your counter argument mandate is that the really should be determining the success of of any commission what else we then and how do also judge this mandate and particular outcomes of course the outcomes have to be you know tabled before the presidency presidency and the is the one that is responsible implementing these to recommendations however there are actions can be taken that during the commission itself people some have been losing their jobs because there's been findings that they have an been acting in improper way and you know issues when these surface in the public light the presidency is pushed to act and in a way implement these recommendations which are provided for however we should not shy away from indicating commissions that of inquiry will necessarily do take time they take time because they are complex issues that are being grappled with the issues that are not commonly easily determined by our mechanisms which include you know the police and other stakeholders the which are involved in combating these all human rights violations which are the commission's duty bound to unearth that's making their effective the task sometimes quite cumbersome given that you know the you have to act of an in terms preapproved budget thus if the budget or the time does not suffice to actually for them fulfil their mandate then an issue it becomes where they have to be provided with an extension and also has that the extension to adhere to do is rational and proportional to the extent to which the itself commission is required to act upon their findings yeah and advocate do you think it's of their because kwazi judicial setting that the public members of really these commissions to result in men in blue or some kind of prosecution yes they are quasi judicial in that are not they courts of law not they they do really pronounce on whether someone guilty is found and as such sentences as courts of law do however their mandate is so important that their recommendations if given context you know proper could actually amount to those further that can be taken steps thus if for example you know action needs to be taken and it has been found accused that you know an is entirely guilty of a crime after you know conversing all the evidence before commission then the further actions can be and tell us about why and it is that government seems a bit reluctant to plough the budgets that are given to commissions of enquiry into resourcing for instance the national prosecuting authority that they so can actually meet out these arrests and investigations yes of course you know should we distinguish between the prosecutions task commissioner of enquiries and the task as the name indicates that an investigation and an inquiry matter that into the is being brought to the commission and we should understand that the commission limited is by the mandate requested to it by the executive thus if you know we cannot have a situation where the prosecution would be working alongside the commission's because we do have a principle of separation of powers and that would actually violate such this in matters these unique the commission of inquiry has a been given budget that would actually sustain it the period for with which it is appointed and also bearing in mind that obviously there can be some cause which are not really know you foreseen and an extension will be necessary given the complexities of these matters and how in instances where an investigation would be know would take you longer than expected would instances where be you know there's new evidence requires that to be you know tested because nou such evidence would actually lead to an insufficient or rather incomplete report that would necessarily make the recommendations you know unconvincing put it that if i could way so in a sense you know of course it is important the prosecution that of the national prosecuting authority given b mandate in specialised areas where an investigation is required however you know it's not that always in those instances this massive violations human rights such as you know it corruption has brought that is occurring at the the facts or evidence in question cannot easily or be obtained there's no buy in or rather know you the the the the the the the the the the prosecution fails to act so it becomes necessary to have a commission of enquiry under those circumstances because they are appointed on an exceptional basis and advocate i do you think mean that these commissions can act ever independently and as a tool of because accountability their very existence depends on political because will it is incumbent on the president to appoint the commission yes the commission itself is an independent body it is the commission conducts their own affairs however you know end of the day at the the recommendations as once were in they the political will is required and for the executive to therefore act on those recommendations because if they get then it ignored it makes the task of the commission of enquiry quite you know challenging because now they have these findings they have that requires these measures should be implemented but sufficient are not made reforms so does the the commission herald that of inquiry can most likely encounter that was north west university law lecturer mpofu advocate justice khoza advocate for thank you very much your