Commissions of Inquiry: Terms of Reference and Regulations Amended

Posted 09 June 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The President has amended the terms of reference and regulations for two active presidential commissions of inquiry, specifically updating search and seizure directive powers for the Madlanga inquiry.

In terms of the Commissions Act, No. 8 of 1947, amendments have been gazetted regarding the terms of reference for the presidential commissions of inquiry into the criminal justice system and Truth and Reconciliation Commission (TRC) case-related matters.

Specifically, the regulations governing the Commission of Inquiry chaired by Justice Mbuyiseli Madlanga (the Madlanga inquiry) have been amended. The amendment alters the search and seizure provisions, officially allowing persons authorised by the chairperson to issue directives under these regulations.

Key Amendments and Directives

  • Delegation of Authority: The chairperson of the Madlanga inquiry may now delegate the authority to issue search and seizure directives to designated authorised persons.
  • Procedural Alignment: The amendments aim to streamline the administrative and investigative capacity of the commissions when executing search warrants and gathering evidence.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, legal practitioners must note the expanded scope of authorised personnel who can issue search and seizure directives under the amended regulations.
  • For your business: Corporate legal and compliance departments must update their internal dawn raid and search-and-seizure response protocols to recognize directives issued by authorised representatives of the Madlanga inquiry, not just the chairperson.
  • For your clients: Clients facing inquiries or investigations under these commissions must be advised that search and seizure directives signed by authorised delegates of the chairperson are legally binding, requiring immediate verification of the delegate’s credentials.

Originally published at https://legalacademy.co.za/news/read/commissions-of-inquiry-criminal-justice-system-trc-case-related-tors-amended

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