03 Feb 2019

There has been 13 Commissions of Inquiry appointed by the president since independence

The latest is the commission to review the salaries and other conditions of service of the judiciary and political leadership in October last year.

According to the Minister for Presidential Affairs, Governance and Public Administration, Mr Nonofo Molefhi, commissions of inquiry were set up at the discretion of the president when it was necessary to inquire into any matter of public interest.

The minister, who was responding to a question at Ntlo ya Dikgosi, explained that the recommendations from the past commissions had assisted government and its organs in many ways such as development of policies or revision of existing ones, restricting of public institutions, improvement of conditions of service for public employees, adoption of best practices and the prosecution of those implicated in criminal acts.

He said the president would continue to be guided by the provisions of the Commissions of Inquiry Act to set up commissions of inquiry.

Kgosi Maruje III had asked the minister to state the number of Commissions of Inquiry since 1966, as well as what informed their setting.

Kgosi Maruje III had also wanted the minister to indicate how the previous commissions had assisted government and the nation.

Further, he had wanted to know if the minister did not deem it necessary to set up commissions to address the current challenges the country was faced with.

Meanwhile, the Minister of  Defence, Justice and Security, Mr Shaw Kgathi said sheriffs and deputy sheriffs were empowered by Order 52 Rule 7 of the Rules of the High Court to sell the property of a debtor after due advertisement in one or more newspapers.

Mr Kgathi said such an advert had to have sufficient information on the property to be sold, the owner of such property as well as the reason the property was being sold.

“The inclusion of these details in the advert confirms that indeed the property being sold belongs to the debtor against whom a court order has been issued,” he said, noting that court orders were public documents.

He said advertising for property to be sold in line with a court order did not violate the dignity and social standing of such a person because advertising was part of court process in instances where a creditor sought relief against a defaulting debtor.

Mr Kgathi added that on the inverse, advertising the matter could also work in favour of the debtor in instances where the court process may have been completed without such a person’s knowledge as under those circumstances, the debtor would be able to take the necessary legal action to address the matter.

“For instance, such a debtor may apply to court to reverse the court order or may be able to pay the debt owed before the date of sale and save his or her property,” he indicated.

He said the advert did not inflict dual punishment on the person as it was just a replica of the court order, but that it rather simply provided detailed information on the property to be sold.

Kgosi Maruje III had asked the minister to say which law empowered deputy sheriffs to publish names of persons in a case of ‘in the matter between’, and whether such publishing did not violate the dignity or social standing of such a person. Ends