The Commission of Inquiry in Tanzania.

The Commission of Inquiry in Tanzania is a legal body established under Section 3 of the Commissions of Inquiry Act, Cap. 32 [R.E 2002]. This section grants the President of the United Republic the power to issue a commission for investigating matters of public interest. The establishment of such a commission can be initiated by the President, based on advice from a Minister, or after considering information presented under oath by any individual. The overarching aim is to address matters affecting public welfare, ensuring accountability and transparency within government operations or other areas of public concern.

Commissions of Inquiry are generally convened to investigate various areas of public interest, including but not limited to the conduct of public servants, local authorities, departments of public service, tax evasions, public revenue irregularities, corruption, and trafficking of natural resources. The President has the discretion to determine the scope of the inquiry, appoint commissioners, and specify the time and place for the inquiry. The commission can either conduct its proceedings in public or private, depending on the directives given by the President.

The commission serves a fact-finding role and is expected to report back to the President with the findings and recommendations for further action. Commissioners are empowered to summon witnesses, examine documents, and call for testimony under oath, similar to the powers exercised by a High Court. These inquiries are judicial in nature, allowing commissioners to employ the services of experts where necessary.

The appointment of commissioners, their duties, and the rules guiding the inquiry are clearly laid out in the Act. Commissioners must take an oath of office and conduct the inquiry impartially. The Act also outlines the procedures for summoning witnesses, receiving evidence, and producing reports. Furthermore, the Act provides safeguards for the protection of commissioners and other officials involved in the inquiry, ensuring they are immune from legal proceedings for actions performed in good faith during their duties.

In the event that a commissioner is unable to continue, the President has the authority to appoint a replacement, and any commission can be altered or revoked by the President at any time. The findings of the commission can lead to further investigations, prosecutions, or other actions by the government, as deemed necessary by the President. The transparency and effectiveness of commissions are further supported by the publication of their reports and revocations in the Government Gazette.

Through such commissions, the Tanzania government ensures that matters of public interest, especially those involving misconduct or irregularities, are thoroughly investigated and appropriate measures are taken to protect the welfare of the public and uphold the rule of law.