Mpumalanga
South Africa
South Africa
Mpumalanga Commissions of Inquiry Act, 1998
Act 11 of 1998
- Published in Mpumalanga Provincial Gazette 383 on 17 November 1998
- Assented to on 28 October 1998
- Commenced on 17 November 1998
- [This is the version of this document from 17 November 1998 and includes any amendments published up to 7 March 2024.]
1. Definitions
In this Act, unless the context otherwise indicates—“Chairperson” means the chairperson appointed in terms of section 3(2);“Commission” means a Commission appointed in terms of section 2;“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);“Member” means a member of a Commission appointed in terms of section 3;“Premier” means the Premier of the Province, including any acting Premier;“Province” means Mpumalanga Province;“Provincial Legislature” means the legislature of the Province;“Provincial Revenue Fund” means the revenue fund of the Province;“High Court” means the Transvaal Provincial Division of the Supreme Court of South Africa.2. Appointment of Commission and termination thereof
3. Constitution of Commission
4. Terms of reference
The Premier shall, in the notice referred to in section 2(1), define the matter to be inquired into by a Commission and the scope of such inquiry and may exercise such power from time to time.5. Sittings of Commission
6. Commission’s powers as to witnesses
7. Offences by witness
8. Offences in respect of witness
9. Hindering or obstructing a Commission
Any person who wilfully interrupts the proceedings of a Commission or wilfully hinders or obstructs a Commission in the performance of its functions or wilfully disturbs the peace and order of such proceedings shall be guilty of an offence.10. Circumstances in which evidence not to be divulged
Any person appointed in terms of this Act, who, without the consent of the Chairperson or the Premier or otherwise than in the discharge of his or her functions to such Commission, divulges to any other person any evidence given at a sitting of such Commission, which is not open to the public, shall be guilty of an offence.11. Penalties
Any person who is convicted of an offence under this Act shall be liable to a fine or to imprisonment for a period not exceeding twelve (12) months or to both such fine and imprisonment.12. Division of opinion of members of a Commission
If the members of a Commission are in any case equally divided on any question that arises during or in respect of the proceedings of a Commission, the Chairperson of the Commission shall have a casting vote in addition to his or her deliberative note.13. Commission’s power for regulating proceedings
The members of a Commission may, subject to the provisions of this Act, make such rules for their own guidance and the conduct and management of proceedings before them as they may, from time to time, deem fit.14. Commission’s report
15. Cost of Commission
16. Application of this Bill to existing Commissions:
Whenever the Premier has, before the commencement of this Act, appointed a Commission in terms of any other law, for the purposes of investigating any matter, such Commission shall from the date of the commencement of this Act be deemed to have been appointed in terms of this Act.17. Repeal of Laws
The Commissions of Inquiry Ordinance, 1960 (Ordinance No. 9 of 1960), is hereby repealed as far as it is applicable in the Province.18. Short title
This Act shall be called the Mpumalanga Commissions of Inquiry Act, 1998.History of this document
17 November 1998 this version
28 October 1998
Assented to