What is a commission of inquiry?

A commission of inquiry is a formal, temporary and independent investigation set up by the government - in South Africa, by the President - to get to the bottom of a matter of serious public concern. It gathers documents, calls witnesses to give evidence under oath in public, and then writes a report setting out what it found and what it recommends should be done. It is a way for the state to investigate itself, or a crisis, transparently and at arm's length from the people involved.

Sources: Commissions Act 8 of 1947

It investigates the specific questions in its terms of reference. In practice that means collecting evidence, leading witnesses through their testimony, allowing affected parties to respond, and testing competing accounts in public hearings. It does not prosecute, convict or sentence anyone. At the end it produces findings of fact and recommendations - which can include law reform, disciplinary steps, and referrals of suspected crimes to the prosecuting authority.

Sources: Constitution s84(2)(f)

No. A commission of inquiry is not a court of law. It cannot find anyone guilty, impose a sentence, or make a legally binding ruling on a person's liability. Everyone named in evidence is presumed innocent unless and until convicted by a competent court. A commission's job is to investigate and recommend; any criminal consequences follow only if its referrals lead to charges and a conviction in the ordinary courts.

Sources: Commissions Act 8 of 1947

In South African and British English the two spellings are often used interchangeably, but the conventional distinction is this: 'inquiry' refers to a formal, official investigation, while 'enquiry' refers to a general question or a request for information. So a formal investigation is correctly a 'commission of inquiry', even though many people search for and write 'commission of enquiry'. South Africa's official documents - including the Government Gazette - use 'inquiry'. American English simply uses 'inquiry' for both senses.

The official, correct form is 'commission of inquiry' with an 'i'. That is the spelling used in the Commissions Act, in presidential proclamations, and in the legal names of South Africa's commissions - for example the 'Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System', the formal name of the Madlanga Commission. 'Commission of enquiry' is a very common variant spelling and means the same thing, but it is not the official form.

No. A commission's findings and recommendations are not automatically binding or self-executing. They are submitted to the President, who decides what to implement. Recommendations can carry great political and legal weight - and courts can review state decisions that ignore them - but on their own they do not change the law, dismiss an official, or convict anyone. Acting on them requires separate decisions by the executive, disciplinary bodies, or the courts.

The President of the Republic establishes national commissions of inquiry, using the power in section 84(2)(f) of the Constitution. The President defines the terms of reference, appoints the chairperson and commissioners, and sets the timeframe, all by proclamation in the Government Gazette. Provincial premiers have a comparable power to appoint commissions on provincial matters.

Sources: Constitution s84(2)(f)

The principal statute is the Commissions Act 8 of 1947, which gives a commission its investigative teeth: the power to summon witnesses, compel the production of books and documents, and take evidence under oath, and which makes it an offence to refuse to cooperate or to give false evidence. The President also publishes regulations specific to each commission by proclamation in the Government Gazette, alongside the terms of reference.

Sources: Commissions Act 8 of 1947

A trial decides the guilt or innocence of a specific accused on specific charges, with the state bearing the burden of proof beyond reasonable doubt, and ends in an acquittal or a conviction and sentence. A commission of inquiry is broader and inquisitorial: it investigates a situation rather than charging a person, hears evidence to establish facts and patterns, and ends in a report, not a verdict. A commission cannot punish - but what it uncovers can become the foundation for later prosecutions.

Not directly. A commission cannot convict or imprison anyone. What it can do is refer evidence of suspected criminal conduct to the National Prosecuting Authority, which may then decide to charge a person and take them to trial in the ordinary courts. Only a court, after a fair trial, can convict and impose a prison sentence. A commission can, however, hold a witness in contempt for refusing to cooperate, which is itself an offence under the Commissions Act.

It varies widely. A narrow inquiry into one official's conduct can finish in months, while a sprawling investigation can run for years - the Zondo Commission into state capture sat for several years and produced a multi-volume report. The President sets an initial deadline in the terms of reference and can grant extensions. The Madlanga Commission was given an initial six-month frame, with interim reports along the way.

Sources: Madlanga Commission - about

The Madlanga Commission is South Africa's current commission of inquiry, established by President Cyril Ramaphosa in July 2025 and chaired by retired Constitutional Court Justice Mbuyiseli Madlanga. Its full name is the Judicial Commission of Inquiry into Criminality, Political Interference and Corruption in the Criminal Justice System. It is investigating allegations that criminal syndicates captured parts of the police, prosecution and intelligence services. This site is an independent public-record archive of its hearings, witnesses, cases and documents.

Sources: About the Madlanga Commission