eSwatini
Commissions of Enquiry Act, 1963
Act 35 of 1963
- Commenced on 4 October 1963
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Commissions of Enquiry Act, 1963.2. Interpretation
In this Act, unless inconsistent with the context—"chairman" means either the chairman of the commission, or in the case of a commission consisting of one person only that person;"commission" means a commission of enquiry appointed under section 3 and "commissioner" means a member of a commission;"committee" means a committee established under section 3;[Added K.O-I-C. 3/1988]"magistrate’s court" means a subordinate court constituted under the Subordinate Courts Proclamation (Cap. 20);"member" means a person appointed a member of a committee under section 3 or section 7 as the case may be;[Added K.O-I-C. 3/1988]"Minister" means the Minister issuing a commission in terms of section 3; and"secretary" means the secretary to the commission appointed under section 7.3. Appointment of commissions of enquiry and mode of holding enquiry
4. Particulars of commission
5. Power to appoint new commissioners and to alter and revoke commissions
6. Oath or affirmation by commissioners
Before commencing his duties, every commissioner shall take the oath contained in Form A in the Schedule, or where he objects to taking such oath, make the affirmation contained in Form B in the Schedule, which shall be administered, or, as the case may be, accepted by an administrative officer.7. Secretary to the commissioners
The Minister may appoint a secretary to the commissioners who shall keep a written record of the proceedings of the commission and generally perform such other duties, in accordance with this Act, as the commissioners may require.8. Duties of commissioners
A commissioner shall comply with this Act and all directions of the Minister given in accordance with it.9. Casting vote
Where there are more commissioners than one, and a question arises for decision on which the opinion of the commissioners is equally divided, the chairman shall exercise a casting vote in addition to his deliberative vote.10. Commissioners’ power to regulate proceedings
11. Power to summon and examine witnesses on oath
12. Application of Civil Evidence Act, No. 16 of 1902
The Civil Evidence Act, No. 16 of 1902 shall apply to the giving of evidence before the commissioners as though they constituted a court.13. False evidence
14. Refusal to be sworn or to answer questions
Any person who being required by the commissioners to take an oath fails to do so or to make an affirmation in lieu of it, or, after being duly sworn or having affirmed refuses to answer all questions lawfully put to him, shall be guilty of an offence and may be punished with the penalties prescribed by law for a neglect or refusal to take an oath duly administered, or to answer a question put by any court.15. Non-liability of commissioners to be sued
A commissioner or other person shall be not liable to an action or suit for anything done, or omitted to be done, in the execution of his duties under this Act.16. Duty of witness summoned and power to regulate witnesses’ expenses
17. Custody and punishment for contempt
18. Legal representation
A person, whose conduct is the subject of enquiry, or who may be otherwise implicated in the matter the subject of the enquiry, may appear at the enquiry in person, or by an attorney, or by an advocate duly instructed by an attorney.19. Reimbursement and remuneration of commissioners, etc.
20. Publication in gazette
There shall be published in the Gazette the issue, alteration or revocation of a commission.History of this document
01 December 1998 this version
Consolidation
04 October 1963
Commenced
Documents citing this one 234
Gazette 229
Legislation 3
| 1. | Urban Government Act, 1969 | 173 citations |
| 2. | Establishment of the Parliament of Swaziland Order, 1992 | |
| 3. | Land Tax Order, 1974 |
Judgment 2
| 1. | African Echo (Pty) Ltd v Minister Of Finance And Others (46 of 2004) [2004] SZSC 13 (23 November 2004) | |
| 2. | Ngwenya v Masina NO and Others (2715 of 2003) [2005] SZHC 53 (22 April 2005) |