The Role of Commissions of Inquiry in Advancing Socio-economic Transformation: Traversing through the Limitations
Norless Zibele Nodangala 
Issue: Vol.5 No.16 Issue Article 56 pp.3383-3390
DOI: https://doi.org/10.38159/ehass.202451656 | Published online 30th December, 2024
© 2024 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
The Constitution, a cornerstone of South Africa’s legal framework, provides for socio-economic rights in an inclusive society. The Bill of Rights, a vital component of the Constitution, further advances these rights. It establishes a variety of independent entities, such as the South African Human Rights Commission, bolstering socio-economic rights. The paper explores the critical role commissions of inquiry play in fostering socio-economic transformation in South Africa. Furthermore, the paper addresses the aspects influencing commissions’ efficacy, such as mandate clarity, independence, public trust, and government backing. Commissions of inquiry ought to be strategic vehicles for achieving transparency, removing the veil to achieve accountability, and fair socio-economic advancement in modern government structures. The paper examines how commissions of inquiry have handled systemic issues, including corruption, economic inequality, and human rights violations. This paper will explore the potential for future policy formation and execution based on the impact of their recommendations. Despite their shortcomings, commissions of inquiry remain effective vehicles for furthering socio-economic development. The continuous improvement of their methodology and practices is not just a suggestion but a necessity for enhancing their influence in solving complex socio-economic concerns. These inquiries should ensure the government’s accountability in upholding the socio-economic rights in the Bill of Rights as we mark 30 years of democracy. The author hopes the arguments in this paper will enhance the debate on advancing socio-economic transformation and improving inquiry commissions’ methodologies to resist external influences like politics.
Keywords: South Africa, socio-economic, inclusive society, Constitution, Institutions, Commissions of Inquiry.
Legislation
Constitution of the Republic of South Africa, 108 of 1996.
Commissions Act, no 8 of 1947.
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Government of the Republic of South Africa and Others v Grootboom and Others (CCT11/00) [2000] ZACC 19; 2001 (1) SA 46; 2000 (11) BCLR 1169.
Minister of Health and Others v Treatment Action Campaign and Others (No 2) (CCT8/02) [2002] ZACC 15; 2002 (5) SA 721 (CC); 2002 (10) BCLR 1033 (CC).
Magidiwana v President of the Republic of South Africa 2015 6 SA 494 CC) (“Magidiwana”) para 15.
President of the Republic of South African Rugby Football Union 2000 1 SA 1 (CC) (“SARFU”) paras 146-147.
S v Makwanyane (“Makwanyane case”1995 2 SACR 1 (CC) para 328.
Soobramoney v Minister of Health (KwaZulu-Natal) (CCT32/97[1997] ZACC 17; 1998 (1) SA 765 (CC); 1997 (12) (BCLR 1696
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Norless Zibele Nodangala, (PhD Candidate), Department of Business Management and Economics, Faculty of Economic and Financial Sciences, Walter Sisulu University, South Africa.
Nodangala, Norless Zibele. “The Role of Commissions of Inquiry in Advancing Socio-economic Transformation: Traversing through the Limitations,” E-Journal of Humanities, Arts and Social Sciences 5, no.16 (2024): 3383-3390. https://doi.org/10.38159/ehass.202451656
© 2024 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
