De Vos argues that the fact that a judge has been appointed does not guarantee that the commission will be politically independent and that, in order to be effective, an official commission of enquiry in terms of the Commissions Act must be appointed because it will have "the same powers which a High Court would normally have... [including] the power to summon witnesses, to take evidence from witnesses under oath, to examine such witnesses, and to call for the production of books, documents and objects. Such a commission is also protected by the same kind of rules that apply to a judge regarding contempt of court."
If, however, the President would opt for a person who appears to be politically connected to the governing party, or if he restricts the terms of office of the commission, then "this exercised will be doomed from the start".
Read the blog post on www.legalbrief.co.za.
Read the article on http://constitutionallyspeaking.co.za.
