An analysis of the Seriti Commission of Inquiry and its shortcomings

Abstract

It has been said that Commissions of inquiry are governmental tools that assist the state in adjudicating disputes; however, is that really the true state of affairs? With their increasing popularity over the years, one would assume it is a mechanism that is without flaws; however, that could not be further away from the truth. Although they may be of benefit to the state, they do have one fatal flaw, they are utilized by Man. This paper focuses on the shortcomings of the Seriti Commission of inquiry and ultimately its failure to fulfill its mandate, to find the truth. It is widely accepted that commissions of inquiry are established with a truth finding mandate however in the Seriti Commission, it appears as if it was established to do the opposite which not only undermined its primary purpose, but also the Constitution and the people of South Africa. It explores how commissions are established and the legislation that governs them. This paper offers a critical analysis of the manner in which the Seriti Commission was conducted. It further explores the inextricable link between the law and morality, interrogating if one can exist without the other. It concludes with recommendations that are specifically aimed at ensuring commissions are not abused and used for nefarious purposes, purposes that do not benefit the people of South Africa.