Corruption Watch and Another v The Arms Procurement Commission and Others (81368/2016) [2019] ZAGPPHC 351

22nd August 2019

Corruption Watch and Another v The Arms Procurement Commission and Others (81368/2016) [2019] ZAGPPHC 351

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Commission of enquiry - review of findings - power of a Court to review the findings of a Commission of enquiry - Peters v Davison (New Zealand) - legitimate public interest in findings of a Commission being properly based in law - values of Constitution clearly applicable especially against arbitrariness (Pharmaceuticals Manufacturers Association of SA: In re Ex Parte President of the Republic of South Africa [2000] ZACC 1; 2000 (2) SA 674 (CC) ) - Commissions exercise public power - their findings must be rationally connected to the power given for their purpose - objectives of Commissions to restore public confidence - principle of legality also applicable to Commissions' findings - Commission investigation must be conducted with an open and enquiring mind - Commissions failure to admit relevant evidence, to interrogate critical persons allegedly involved in corruption, to interrogate critical witnesses amount to failure to carry out the investigation required by its terms of reference - Commission failed to conduct the task assigned to it through its terms of reference and the Constitution in line with the principle of legality