Public Inquiries Bill: Traditional Commissions of Inquiry’s Dramatic Shift

On Tuesday, 6th May, the National Assembly was presented with the Public Inquiries Bill, a legislative proposal that heralds the end of the antiquated commissions of inquiry as we know them. Shakeel Mohamed, who served as Attorney General, asserted that this reform was not merely necessary but imperative. He condemned the previous framework for its glaring lack of procedural safeguards.

Judicial Precedents Highlighting Deficiencies
Over the years, a series of judicial rulings have illuminated the deficiencies inherent in the old commissions of inquiry.

In 2001, the Supreme Court, in the landmark case of Ramgoolam v. Matadeen, determined that a sitting Prime Minister had been implicated without the opportunity to defend himself.

The following year, in Valayden v. Matadeen, a witness was denied the chance to contest evidence presented in their absence.

Such precedents have significantly undermined the legitimacy of these inquiries.

The Call for Reform
In 2022, the Privy Council further compounded the urgency for reform when it ruled in Pyaneandee v. Lam Shang Leen that “the procedure adopted by the commission was not in accordance with the principles of natural justice.

” This judgement, according to the Minister, underscored the pressing need for a comprehensive overhaul.

Foundational Principles of the Bill
The Public Inquiries Bill draws inspiration from practices adopted in various nations, establishing a framework built upon three foundational pillars: transparency, procedural fairness, and a consolidated legal framework.

Commitment to Public Accountability
At the heart of this reform is a commitment to public accountability.

The Bill stipulates that hearings will be open to the public, barring justified exceptions, and mandates that reports be published within thirty days.

Individuals affected by the inquiries will now possess the right to be heard and to respond to allegations made against them.

Furthermore, the legislation delineates the powers of the Board of Inquiry, regulates mandates, and imposes strict timelines.

Prime Ministerial Prerogative and Legislative Oversight
While the Prime Minister will retain the prerogative to establish a commission of inquiry in response to matters of national concern, the National Assembly must be duly informed, and reports must be submitted for its consideration.

Clarifying the Purpose of Public Inquiries
Crucially, the Public Inquiries Bill clarifies that a public inquiry is not a trial; its purpose is to ascertain the facts and recommend reforms.

“This is not about assigning blame, but about understanding what transpired,” emphasised Shakeel Mohamed.

In a decisive move, the Bill stipulates that all ongoing inquiries established under the previous legislation will automatically cease, including the inquiry into the Betamax case.

Shakeel Mohamed asserted that this legislative initiative aims to reconcile the efficiency of inquiry bodies with the respect for fundamental rights.

The Bill seeks to restore the primary purpose of public inquiries: to identify institutional failings and propose recommendations within a clear legal framework.

Source: Defi Media