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Commissions of Inquiry Act

LAWS OF FIJI

CHAPTER 47

COMMISSIONS OF INQUIRY

TABLE OF PROVISIONS

SECTION

1. Short title
2. Power to issue Commissions of Inquiry into matters of public nature.
Particulars of Commissions
3. Power to appoint fresh Commissioners and to alter and revoke Commissions
4. Oath of members
5. Duties of Commissioners
5A. Power to appoint counsel
6. Power to appoint secretary
7. Casting vote
8. Commissioners' power to regulate proceedings
9. Powers of Commissioners
10. Interpreter
11. Use of evidence taken under this Act in judicial proceedings
12. Penalty for threats to witnesses
13. Penalty for false interpretation
14. Penalty for refusing to give evidence
15. Appearance of barristers and solicitors
15A. Protection of counsel assisting and of barristers and solicitors
16. Insulting a Commissioner or the secretary
17. Witnesses fees and interpreters remuneration
18. Protection of Commissioners

Schedule-Forms

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Ordinances Nos. 8 of 1946, 18 of 1961,
Order* 7 October 1970,
Act No. 24 of 1982

AN ACT TO PROVIDE FOR THE HOLDING OF COMMISSIONS OF
INQUIRY

[1 August 1946]

Short title

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

Power to issue Commissions of Inquiry into matters of public nature

2.-(1) The Governor-General may whenever he shall deem it advisable so to do issue a Commission under his hand and the Public Seal of Fiji appointing one or more Commissioners and authorising such Commissioner or Commissioners to inquire into any matter in which an inquiry would, in the opinion of the Governor-General, be for the public welfare.
(Amended by Order* 7 October 1970.)
* See Legal Notice No. 112 of 1970.

Particulars of Commissions

(2) Every Commission shall specify the subject, nature and extent of the inquiry, and may contain directions generally for the carrying out of the inquiry and in particular as to the following matters:-

(a) the manner in which the Commission is to be executed;

(b) the appointment of a chairman;

(c) the constitution of 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.

(3) Every Commission issued under this Act shall be published in the Gazette.

Power to appoint fresh Commissioners and to alter and revoke Commissions

3. In case any Commissioner shall be or become unable or unwilling to act, or shall die, the Governor-General may appoint another Commissioner in his place; and any Commission issued under this Act may be altered as the Governor-General may deem fit by any subsequent Commission issued by the Governor-General, or may be revoked altogether by a notification to that effect published in the Gazette.
(Inserted by Ordinance 18 of 1961, s. 2. and amended by Order* 7 October 1970.)

Oath of members

4.-(1) Every Commissioner appointed under this Act shall take an oath or make an affirmation in the form prescribed in the Schedule that he will faithfully and impartially and to the best of his ability discharge the duties devolving upon him by virtue of the Commission, and, if the inquiry should not be held in public, that except to the Governor-General he will not divulge the proceedings or the vote or opinion of any Commissioner.
(Amended by Ordinance 18 of 1961, s. 3 and by Order* 7 October 1970.)
* See Legal Notice No. 112 of 1970.

(2) The oath or affirmation may be taken or made before the Chief Justice or a judge of the Supreme Court and shall be attached to the proceedings.

Duties of Commissioners

5. It shall be the duty of the Commissioners to make a full, faithful and impartial inquiry in accordance with the terms of the Commission and to report the result of the inquiry to the Governor-General accordingly; and also, when required, to furnish to the Governor-General a full statement of the proceedings of the Commission, and of the reasons leading to the conclusions arrived at or reported.
(Amended by Ordinance 18 of 1961, s. 4 and by Order* 7 October 1970.)
* See Legal Notice No. 112 of 1970.

Power to appoint counsel

5A.-(1) The Governor-General may appoint any person admitted, or qualified to be admitted, as a barrister and solicitor in Fiji as counsel to assist the Commissioners.

(2) Any person appointed under subsection (1) shall discharge his functions in accordance with the directions of the Commissioners.
(Inserted by Act 24 of 1982, s. 2.)

Power to appoint secretary

6. The Governor-General may appoint a secretary to attend the sittings of the Commission who shall record the proceedings, summon the witnesses, and generally perform such duties connected with the inquiry as the Commissioners may direct. If the inquiry should not be held in public, the secretary shall take an oath that he will not divulge the proceedings or the vote or opinion of any Commissioner.
(Amended by Order* 7 October 1970.)
* See Legal Notice No. 112 of 1970.

Casting vote

7. The chairman of the Commission shall have an original and a casting vote.

Commissioners' power to regulate proceedings

8. The Commissioners may make such rules for the conduct and management of the proceedings as they may think fit.

Powers of Commissioners

9. The Commissioners shall have the following powers:-

(a) to issue summonses to witnesses in the form prescribed in the Schedule and to call for the production of books, plans and documents and to examine the witnesses and parties concerned on oath;

(b) to admit any evidence whether written or oral and whether or not such evidence would be admissible in civil or criminal proceedings;

(c) to admit or exclude the press from any meeting of the Commissioners;

(d) to exclude any person if necessary so to do in order to ensure the due conduct of the inquiry or to preserve order;

(e) to enter upon any land for the purposes of obtaining any information which may be of assistance to the Commissioners.

Interpreter

10.-(1) The Commissioners shall have the power to appoint an interpreter.

(2) An interpreter appointed under this section shall take an oath or make an affirmation as to the proper performance of his duties in such form as the Commissioners may require.

Use of evidence taken under this Act in judicial proceedings

11. No evidence taken under this Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged under section 13 with false interpretation, or with giving false evidence before the Commissioners.

Penalty for threats to witnesses

12. Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.

Penalty for false interpretation

13. Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.

Penalty for refusing to give evidence

14. Any person who being summoned to attend as a witness or produce a document or other thing fails without reasonable cause so to do or refuses without reasonable cause to answer, or to answer fully and satisfactorily, to the best of his knowledge and belief any questions put to him by or with the concurrence of the Commissioners, and any person so summoned who attends but leaves the Commission without the permission of the Commissioners, is guilty of an offence and upon conviction shall be liable to a fine of one hundred dollars or to imprisonment for a term of three months:

Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence written by him for or given by him before the Commissioners, be entitled to the same privileges to which he would have been entitled if giving evidence before a court of justice.
(Amended by Ordinance 18 of 1961, s. 5.)

Appearance of barristers and solicitors

15. Any person whose conduct is the subject of inquiry under this Act or who is in any way implicated or concerned in the matter under inquiry shall be entitled to be represented by a barrister and solicitor at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may by leave of the Commissioners be represented in manner aforesaid.

Protection of counsel assisting and of barristers and solicitors

15A. Any person appointed as counsel to assist the Commissioners in terms of section 5A, and every barrister and solicitor appearing before the Commissioners pursuant to section 15, shall have the same privileges and immunities as barristers and solicitors in courts of law.
(Inserted by Act 24 of 1982, s. 3.)

Insulting a Commissioner or the secretary

16. Any person who uses threatening or insulting language to the Commission or to a Commissioner or to the secretary at any sitting of the Commission, or to a Commissioner or to the secretary at any other time or place in relation to or on account of his proceedings in the capacity of Commissioner or of secretary is guilty of an offence and upon conviction shall be liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months.
(Substituted by Ordinance 18 of 1961, s. 6.)

Witnesses fees and interpreters remuneration

17.-(1) Witnesses and other persons, other than interpreters, attending at the request of or upon summons by the Commissioners shall, subject to any order made by the Commissioners, be entitled to like expenses as if summoned to attend the Supreme Court in a criminal trial.

(2) Interpreters shall receive such remuneration as the Commissioners may direct.

(3) The payment to witnesses, other persons and to interpreters shall be made out of the Consolidated Fund.

Protection of Commissioners

18. No Commissioner shall be liable to any action or suit for any matter or thing done by him as such Commissioner.

SCHEDULE

FORM OF OATH OR AFFIRMATION TO BE TAKEN
BY A COMMISSIONER
(Section 4)

(Amended by Order* 7 October 1970.)
* See Legal Notice No. 112 of 1970.

I, ............................................. , having been appointed under a Commission issued by the Governor-General and dated the day of 19 , to be a Commissioner to inquire into the matters specified in the said Commission, do swear (or do solemnly and sincerely affirm) that I will faithfully, fully, impartially, and to the best of my ability discharge the trust, and perform the duties devolving upon me by virtue of the said Commission.

[In the case of an oath here add] So help me God.

Commissioner.

Taken before me this ........................ day of ......................, 19................ .
Chief Justice (or a judge of the Supreme Court)

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FORM OF SUMMONS
(Section 9)

(Amended by Order * 7 October 1970.)
* See Legal Notice No. 112 of 1970.

SUMMONS TO WITNESS UNDER SECTION 9 of the COMMISSIONS OF INQUIRY ACT

To [name of person summoned and his calling and residence if known]

You are hereby summoned to appear before [here name the Commissioners] appointed by the Governor-General to inquire [state briefly the subject of inquiry] at [place] upon the day of , 19 , at o'clock, and to give evidence respecting such inquiry [if the person summoned has to produce any documents, add] and you are required to bring with you [specify the books and documents required].

Given under my hand this ......................... day of ............... , 19............. .

Commissioner.
(or Secretary to the Commissioners)

Controlled by Office of the Prime Minister

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