Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)14. Application of Act to Commissions of Inquiry |
| (1) | The President may, in respect of any Commission of Inquiry— |
| (a) | appointed by him or her prior to the commencement of this Act; or |
| (b) | appointed by any other executive authority prior to the commencement of this Act, upon the request of such executive authority, |
and if the objects of such Commission can in his or her opinion better be achieved by a Special Investigating Unit and a Special Tribunal, by proclamation in the Gazette dissolve such Commission and establish a Special Investigating Unit and a Special Tribunal in its place in terms of this Act:
Provided that the provisions of section 2(3) and (4) shall apply with the necessary changes in respect of the proclamation referred to in subsection (1): Provided further that any matter set down for a hearing by such Commission may, if the interested parties consent thereto, be continued and concluded as if such Commission had not been dissolved.
| (2) | Any finding, ruling or order made by that Commission shall be deemed to be a finding, ruling or order by the Special Tribunal established for such Special Investigating Unit: Provided that any party that feels aggrieved by any such finding, ruling or order may within 90 days after the Commission has been dissolved in terms of subsection (1) apply to the Supreme Court for the setting aside thereof. |
| (3) | If the Supreme Court is satisfied that a party has been prejudiced by such a finding, ruling or order, the Court must set aside such finding, ruling or order and refer the matter back to the Special Tribunal to be dealt with anew. |