Constitutional expert Pierre de Vos says while commissions can assist in technical matters, find facts and recommendations, South Africa has a long history of achieving little resolve on an issue.
In an opinion piece for the Daily Maverick, De Vos suggests there is a possibility that the appointment of the commission will be delayed or declared invalid.
He spoke to Bongani Bingwa on the Breakfast Show to elaborate on his views.
We have a long history in South Africa of commissions not really doing what we hope they would do.— Pierre de Vos, Constitutional expert
In my article I mention for example the Harms Commission on hit squads where that commission found there were no hit squads in the police which was obviously completely untrue. The Marikana Commission, police officers have been prosecuted for the massacre.— Pierre de Vos, Constitutional expert
The outcome is not always as clear because the it is not easy for that commission to come to the complete truth of a matter.— Pierre de Vos, Constitutional expert
He says those implicated in the State Capture inquiry might attempt to stop the inquiry.
They will use the same argument that the president is using in his appeal by arguing that the president cannot really be dictated to on who to appoint and how to appoint a commission of inquiry, there is actually constitutional court jurisprudence on this which will back them up.— Pierre de Vos, Constitutional expert
And there is then there is an argument which relying under his judgment where the Constitutional Court said it is not necessarily a good thing or acceptable for a sitting judge to sit on a very controversial commission of inquiry, so they might follow that avenue.— Pierre de Vos, Constitutional expert
If there are people who really want to stop this commission, they can drag it out at the very least for a year or two.— Pierre de Vos, Constitutional expert
Click on the link below to listen to the full interview....
This article first appeared on 702 : [LISTEN] An inquiry may not be the remedy for State Capture - Pierre de Vos