COMMISSION OF ENQUIRY INTO THE AFFAIRS OF THE UNIVERSITY OF DURBAN-WESTVILLE: PROCLAMATION by the Acting President of the Republic of South Africa No. R. 58, 1996 COMMISSIONS ACT, 1947 (ACT NO. 8 OF 1947) COMMISSION OF ENQUIRY INTO THE AFFAIRS OF THE UNIVERSITY OF DURBAN-WESTVILLE: REGULATIONS Under the powers vested in me by section 1 of the Commissions Act, 1947 (Act No. 8 of 1947), I hereby declare that the provisions of that Act shall be applicable to the Commission of Enquiry into the Affairs of the University of Durban-Westville and I hereby make the regulations thereunder with reference to the said Commission. Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Twenty-first day of May, One thousand Nine hundred and Ninety-six. T. M. MBEKI Acting President By Order of the President-in-Cabinet: S. M. E. BENGU Minister of the Cabinet SCHEDULE REGULATIONS 1. In these regulations, unless the context otherwise indicates- "Chairperson" means the Chairperson of the Commission; "Commission" means the Commission of Inquiry into the Affairs of the University of Durban-Westville, and related matters; "document" includes any book, pamphlet, record, list, circular, plan, placard, poster, publication, drawing, photograph or picture; "Inquiry" means the inquiry conducted by the Commission; "member" means a member of the Commission; "officer" means a person in the full-time service of the University who has been appointed or designated to assist the Commission in the execution of its functions; "premises" includes any land, building, structure, part of a building or structure, vehicle, conveyance, vessel or aircraft; "University" means the University of Durban-Westville. 2. The proceedings of the Commission shall be recorded in the manner determined by the Chairperson. 3. (1) Any person appointed or designated to take down or record the proceedings of the Commission in shorthand or by mechanical means or to transcribe such proceedings which have been so taken down or recorded shall at the outset take an oath or make an affirmation in the following form: I, A.B., declare under oath/affirm and declare- (a) that I shall faithfully and to the best of my ability take down/record the proceedings of the Commission of Inquiry into the Affairs of the University of Durban-Westville in shorthand notes/by mechanical means as ordered by the Chairperson of the Commission; and (b) that I shall transcribe fully and to the best of my ability any shorthand notes/mechanical record of the proceedings of the said Commission made by me or by any other person. (2) No shorthand notes or mechanical record of the proceedings of the Commission may be transcribed except by order of the Chairman. 4. Every person employed in the execution of the functions of the Commission, including any person referred, to in regulation 3 (1), shall help to preserve secrecy with regard to any matter or information that may come to his or her knowledge in the performance of his or her duties in connection with the said functions, except in so far as the publication of such matter or information is necessary for the purposes of the report of the Commission, and every such person, except the Chairperson, any member or officer, shall, before performing any duty in connection with the Commission, take and subscribe before the Chairperson an oath of fidelity and secrecy in the following form: I, A.B., declare under oath/affirm and declare that, except in so far as it is necessary in the performance of my duties in connection with the functions of the Commission of Inquiry into the Affairs of the University of Durban-Westville or by order of a competent court, I shall not communicate to any person any matter or information which may come to my knowledge in connection with the inquiry of the said Commission, or suffer or permit any person to have access to any records of the Commission, including any note, record or transcription of the proceedings of the said Commission in my possession or custody or in the possession or custody of the said Commission or any officer. 5. No person may communicate to any other person any matter or information which may have come to his or her knowledge in connection with the inquiry of the Commission, or suffer or permit any other person to have access to any records of the Commission, except in so far as it is necessary in the performance of his or her duties in connection with the functions of the Commission or by order of a competent court. 6. The Chairperson may designate one or more knowledgeable persons to assist the Commission in the performance of some of its functions, in a capacity other than that of a member. 7. The Chairperson or an officer generally or specially authorised thereto by the Chairperson shall administer an oath to or accept an affirmation from any witness appearing before the Commission. 8. Where, at the time of any person giving evidence before the Commission, members of the general public are or have been excluded from attendance at the proceedings of the Commission, the Chairperson may, at the request of such a person, direct that no person may disclose in any manner whatsoever the name or address of such person or any information likely to reveal his or her identity. 9. Any witness appearing before the Commission may be cross-examined by a person only if the Chairperson permits such cross-examination by such person because the Chairperson deems it necessary in the interest of the functions of the Commission. 10.Any witness appearing before the Commission may, in the discretion of the Chairperson and in such manner as may be determined by him or her, be assisted by an advocate or an attorney. 11.An officer, attorney or advocate designated thereto by the Chairperson may be present at the hearing of evidence at the inquiry and may adduce evidence and arguments relating to the inquiry. 12.Whenever the Commission is satisfied upon evidence or information presented to it that the Commission's inquiry may adversely affect any existing, instituted or pending legal proceedings or any investigation instituted in terms of any law, evidence which is relevant to such legal proceedings or investigation shall be dealt with by the Commission in such a manner as not to affect adversely such legal proceedings or investigation. 13.The Chairperson, any member or any officer may, with a warrant, for the purposes of the inquiry, at all reasonable times enter and inspect any premises and demand and seize any document which is on such premises. 14.No person may without the written permission of the Chairperson- (a) disseminate any document submitted to the Commission by any person in connection with the inquiry or publish the contents or any portion of the contents of such document; or (b) peruse any document, including any statement, which is destined to be submitted to the Chairperson or intercept such document while it is being taken or forwarded to the Chairperson. 15.No person may, except in so far as shall be necessary in the execution of the terms of reference of the Commission, publish or furnish any other person with the report or any interim report of the Commission or a copy or part thereof or information regarding the consideration of evidence by the Commission for publication before the expiration of a period of 14 days after it has been submitted to the President: Provided that the President may authorise publication of any such report before the expiration of that period. 16.No person may insult, disparage or belittle the Chairperson or any member of the Commission or prejudice the proceedings or findings of the Commission. 17.Any person who- (a) wilfully hinders, resists or obstructs the Chairperson, any member or any officer in the exercise of any power contemplated in regulation 13; or (b) contravenes a provision of regulation 5, 8, 14 or 15; or (c) contravenes a provision of regulation 16, shall be guilty of an offence and liable for conviction- (i) in the case of an offence referred to in paragraph (a) or (b), to a fine, or to imprisonment for a period not exceeding six months; and (ii) in the case of an offence referred to in paragraph (c), to a fine, or to imprisonment for a period not exceeding 12 months.$ TERMS OF REFERENCE of the President of the Republic of South Africa to the COMMISSION OF INQUIRY INTO THE AFFAIRS OF THE UNIVERSITY OF DURBAN-WESTVILLE 1. TERMS OF REFERENCE: GENERAL The general purpose of the Commission is to advise the President on- 1.1 what is the source and nature of the discontent at the University of Durban-Westville; 1.2 how to promote reconciliation at the University of Durban-Westville; 1.3 how to restore the dignity of the institution. 2. TERMS OF REFERENCE: SPECIFIC The Commission must inquire into and report to the President on any issue which it may deem of importance, including the following: 2.1 The reason for the deterioration in the relationship between and among the various constituencies and structures at the University; 2.2 the widespread discontent and tension that exists amongst the various constituencies within the University; 2.3 alleged irregularities by any University officials/staff/students regarding- (a) the alleged drafting and distribution of anonymous pamphlets; (b) the leaking of confidential information to the press; (c) the incitement of students; (d) the intimidation of staff; (e) the fomenting of racial tension; (f) the unauthorised submission of reports to intelligence operatives; (g) the violation of academic freedom; and (h) other alleged activities in the destabilisation of the University and its administration; 2.4 the alleged undermining and bringing into disrepute of the University; 2.5 to make recommendations as to how normality may be restored at the University with particular reference to- (a) restoring of effective/proper governance at the University; (b) how any alleged irregularities by any member of the University emanating from the report of the Commission may be avoided in the future as well as what action, if any, ought to be taken against the person(s) in question; 2.6 to complete its work and submit a report to the President within a period of six months from the date of its appointment.