COMMISSIONS OF INQUIRY

CHAPTER 18:01
COMMISSIONS OF INQUIRY

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    (1) Power to issue Commissions of inquiry into matters of public nature, etc.

        (2) Particulars of Commissions

    3.    Power to appoint fresh Commissioners and to alter and revoke Commissions

    4.    Commissions not affected by change of President

    5.    As to oath of office by Commissioners

    6.    Power to appoint Secretary—his duties

    7.    Duties of Commissioners defined

    8.    Division of opinion of Commissioners

    9.    Commissioners’ power to regulate proceedings

    10.    Power to summon and examine witnesses and privilege of Commissioners from suit

    11.    False evidence

    12.    (1) Duty of witnesses summoned:

        Expenses of witnesses

        (2) Penalty for contumacy, insult or interruption of proceedings

    13.    Appearance of legal practitioner

    14.    Commissions, etc., to be published in Gazette

    15.    As to proceedings for penalties

        Schedule

3 of 1914
G.N. 16/1964(M)
137/1966
166/1967

    An Act to Enable the President to Issue Commissions of Inquiry with Special Powers

1.    Short title

    This Act may be cited as the Commissions of Inquiry Act.

2.    Power to issue Commissions of inquiry into matters of public nature, etc.

    (1) The President may issue a Commission under his hand and the public seal of Malawi appointing one or more Commissioners and authorizing such Commissioner or Commissioners to inquire into any matter in which an inquiry would be for the public welfare.

    Particulars of Commissions

    (2) Every such Commission shall specify the subject, nature and extent of the inquiry, and may contain directions in the following matters—

    (a)    in what manner the Commission shall be executed;

    (b)    if there be more Commissioners than one which of them shall act as chairman;

    (c)    what number of them shall constitute a quorum;

    (d)    the place and time where and within which the inquiry shall be made and the report thereof rendered;

    (e)    whether or not the inquiry shall be held in public, with reservation nevertheless to the Commissioners to exclude any person or persons if they deem fit for the due conduct of the inquiry, the preservation of order or for any other reason;

    (f)    and generally for the better giving effect to the purpose of the inquiry.

3.    Power to appoint fresh Commissioners and to alter and revoke Commissions

    In case any Commissioner shall be or become unable or unwilling to act or shall die, the President may appoint another Commissioner in his place; and any Commission issued under this Act may be altered as the President may deem fit by any subsequent Commission issued by the President, or may be revoked altogether by a notification to that effect published in the Gazette.

4.    Commissions not affected by change of President

    No Commission issued under this Act shall lapse by reason of, or be otherwise affected by, the absence of the President issuing the same, or by his ceasing to hold office whether as a result of his death or for any other reason.

    Commissions not affected by change of President

5.    As to oath of office by Commissioners

    It shall be the duty of the Commissioner appointed under this Act to make and subscribe an oath or affirmation in the form in the Schedule, which oath or affirmation may be taken before the President, or before such person as the President may appoint and shall be deposited by the Commissioner with the Registrar of the High Court.

6.    Power to appoint Secretary—his duties

    The President may appoint a Secretary to attend the sittings of the Commission, to record their proceedings, to keep their papers, summon witnesses and minute their testimony, and generally to perform such duties connected with such inquiry as the Commissioners shall prescribe.

    Power to appoint Secretary— his duties

7.    Duties of Commissioners defined

    It shall be the duty of the Commissioners, after taking such oath or making such affirmation, to make a full, faithful, and impartial inquiry into the matter specified in the Commission, to conduct such inquiry in accordance with the directions (if any) contained therein; to report in due course to the President, in writing, the result of such inquiry, and also, if required, to furnish to the President a full statement of the proceedings of the Commission, and of the reasons leading to the conclusions arrived at or reported.

8.    Division of opinion of Commissioners

    If the Commissioners shall, in any case, be equally divided on any question that arises during the proceedings of the Commission, the Chairman of the Commission shall have a second or casting vote.

9.    Commissioners’ power to regulate proceedings

    The Commissioners acting under this Act may make such rules for their own guidance, and the conduct and management of proceedings before them, and as to the times and places for their sittings, not…