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What is the function of the commission of inquiry?

What is the function of the commission of inquiry?

A commission of inquiry is a tool to enable the investigation of matters of public concern in a public forum other than in an ordinary court. Commissions are aimed at encouraging transparency through fact finding and providing input for future investigation or criminal proceedings, if necessary.

What is tribunals of inquiry?

The tribunal’s function is purely fact-finding and investigative. Although it may make recommendations, it does not make a binding judgement on the rights or liabilities of individuals. It simply states, in its report, the results of its investigations and the findings of fact it has made.

Is a commission of inquiry a court?

Commissions of inquiry are distinct from court proceedings insofar as they inquisitorial in nature. In contrast to a South African court of law which is adversarial in nature, this means that the commission takes on an active and involved role in the proceedings rather than being an objective arbiter.

What is the difference between court and Commission?

A court judgment is binding and has direct legal effect on the parties involved. The only way affected parties can escape the court order is by getting it overturned on appeal or review by a higher court. Commissions of inquiry, on the other hand, make non-binding recommendations to the person who set them up.

What is the meaning of Commission of Inquiry?

A commission of inquiry is one of many bodies available to the government to inquire into various issues. Commissions report findings, give advice and make recommendations. While their findings are not legally binding, they can be highly influential.

What is Commission of Inquiry Act?

Commission of Enquiry Act, 1952 This Act is made for the appointment of commissions to inquire into matters which are related or concerned or affects the public at large. When the central government may, by notification in the official gazette appoints a commission from that day only the act shall come into force.

Who pays for a public inquiry?

Who leads a public inquiry? Although initiated and funded by government, public inquiries are run independently.

What are the roles of tribunals?

They hear evidence from witnesses but decide the case themselves. Tribunals have limited powers (depending on the jurisdiction of the case) to impose fines and penalties or to award compensation and costs.

Who appoints a commission of inquiry?

—(1) The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by 2[each House of Parliament or, as the case may be, the Legislature of the State], by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of …

How are those commissions decide a case?

Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. Each Commission shall perform such other functions as may be provided by law.

How do you address a female judge?

Call them ‘Sir’ or ‘Madam’ in court, or ‘Your Worship’.

What is the purpose of a commission?

Commissions are a form of variable-pay remuneration for services rendered or products sold. Commissions are a common way to motivate and reward salespeople. Commissions can also be designed to encourage specific sales behaviors. For example, commissions may be reduced when granting large discounts.

What are the costs of a commission of inquiry?

Costs are more defined for a commission of investigation and are less, according to senior lawyers. Therefore, we cannot expect a more costly investigation at the very minimum. The costs and time for previous inquiries, such as the Mahon planning tribunal, stretched on for years and still continue in some cases.

What’s the purpose of an International Commission of inquiry?

International commissions of inquiry share the fundamental purpose of impartially establishing facts sufficient to reach conclusions about what happened to whom and by whom in a given situation. They are mandated, in other words, to discharge a duty to establish and document the truth, especially for the victims.

What happens at the end of a tribunal of inquiry?

Tribunals are set up to examine specific matters of urgent public importance. At its end, a report will be submitted to the Oireachtas – which may contain recommendations. In many cases, a tribunal of inquiry will also give recommendations with a view to preventing the same problem happening again.

Why are human rights commissions of inquiry important?

It concludes that the high expectations associated with legal accountability, particularly under international criminal law, should be reduced in favor of greater attention to the truth-telling and political accountability aspects of their mandates.