REVIEW REPORT OF THE PROCEEDINGS AND FINDINGS OF THE PIC COMMISSION OF INQUIRY (GOVERNMENT GAZETTE NO. 41979) – by Former Judge Willem Heath
This is a Report by Former Judge Willem Heath on the Proceedings and Findings of the PIC Commission of Inquiry into the affairs of the Public Investment Corporation (PIC).
Some of the findings include
- that the Commission ignored its Terms of Reference and did not investigate material transactions in relation to which evidence had surfaced and of which the evidence leader was aware
- that the Commission erroneously interpreted its Terms of Reference and that this is a reviewable irregularity which could result in it being set aside
- that the Commission showed marked bias and prejudice towards certain companies or persons and favouratism towards others
- that the conduct of one of the members of the panel of the PIC Commission should be referred for investigation to relevant authorities
- that the Commission failed to comply with the legal principles and doctrines of the Rule of Law, Natural Justice, Fairness (just Administrative Action) and legality, thus resulting in substantial reputational and financial prejudice to some persons
- that the affected companies and persons should explore legal advice on whether they have a case for delictual damages against the PIC Commission.
The Report also provides a useful exposition of the purpose of Commissions of Inquiry, what is permissible and what is not. In the process, the Report reminds us all what constitutes evidence and what does not in a Commission of Inquiry setting.
It also provides a timely reminder of what the role of Journalists is in reporting on proceedings of a Commission of Inquiry, and where the obligations (and protections) of journalists begin and end in relation to their reporting on Commissions of Inquiry.
Read Full Report here: REPORT OF THE REVIEW OF THE FINDINGS AND CONDUCT OF THE PIC COMMISSION – ADV W HEATH SC – 6 March 2022
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