The Role of Commissions of Inquiry: Balancing Evidence Gathering and Accountability

By Twink Jones Gadama

In democratic societies, the establishment of a commission of inquiry is often seen as a vital mechanism for addressing issues of public concern, investigating allegations of misconduct, and promoting transparency and accountability.

When a president institutes such a commission, it is typically tasked with examining specific issues, gathering evidence, and making recommendations based on its findings.

However, the effectiveness of a commission of inquiry largely depends on its approach to evidence gathering and the methods it employs to engage with the public and relevant stakeholders.



At the heart of a commission’s mandate is the need to uncover the truth.

This often involves investigating complex issues that may have significant political, social, or economic implications.

The commission must navigate a landscape fraught with potential biases, conflicting interests, and the challenge of ensuring that all voices are heard.

Therefore, the question arises: should a commission actively seek out individuals with evidence to testify, or should it adopt a more passive approach, inviting those with information to come forward voluntarily?

One of the primary responsibilities of a commission of inquiry is to establish a framework for evidence gathering that is both comprehensive and fair.

This involves not only identifying key individuals who may possess relevant information but also creating an environment where witnesses feel safe and encouraged to share their experiences.

A proactive approach, where the commission actively reaches out to potential witnesses, can be beneficial in ensuring that no critical information is overlooked.

This method can help to identify individuals who may not come forward on their own due to fear of reprisal, lack of awareness, or other barriers.

Moreover, a commission that takes the initiative to identify and interview specific individuals can enhance the credibility of its findings.

By demonstrating a commitment to thoroughness and diligence, the commission can build public trust in its process and outcomes.

This is particularly important in cases where the issues at hand are contentious or politically charged.

When the public perceives that a commission is taking its responsibilities seriously and is willing to engage with a wide range of stakeholders, it can foster a sense of legitimacy and authority in the commission’s work.

However, there are also arguments in favor of a more passive approach, where the commission invites individuals to come forward with evidence.

This method can empower witnesses and encourage grassroots participation in the inquiry process.

By allowing individuals to self-identify as having relevant information, the commission may uncover a broader range of perspectives and experiences.

This can be particularly valuable in cases where the issues are deeply rooted in community dynamics or where marginalized voices may otherwise go unheard.

Additionally, a passive approach can help to mitigate concerns about the commission overstepping its bounds or appearing to target specific individuals.

By creating an open invitation for testimony, the commission can position itself as a neutral arbiter, focused on gathering information rather than pursuing a predetermined agenda.

This can be crucial in maintaining public confidence in the commission’s impartiality and integrity.

Nevertheless, the challenge with a purely passive approach lies in the potential for underreporting or incomplete evidence gathering.

Individuals may be hesitant to come forward due to fear of repercussions, lack of trust in the process, or simply a lack of awareness that their testimony is sought.

In such cases, the commission may miss critical information that could inform its findings and recommendations.

To strike a balance between these two approaches, a commission of inquiry could adopt a hybrid model.

This would involve actively identifying key individuals and groups who may have relevant information while also creating an open platform for voluntary testimony.

By combining proactive outreach with an invitation for public participation, the commission can maximize its chances of gathering comprehensive and diverse evidence.

Furthermore, the commission should prioritize creating a safe and supportive environment for witnesses.

This may involve implementing measures to protect the identities of those who come forward, providing legal protections against retaliation, and ensuring that the inquiry process is transparent and accessible.

By fostering a culture of trust and respect, the commission can encourage more individuals to share their experiences and insights.

In conclusion, the establishment of a commission of inquiry is a critical step toward addressing issues of public concern and promoting accountability.

The effectiveness of such a commission hinges on its approach to evidence gathering.

While there are merits to both proactive and passive methods, a hybrid approach that combines elements of both can enhance the commission’s ability to uncover the truth.

By actively seeking out witnesses while also inviting voluntary testimony, the commission can create a comprehensive and inclusive inquiry process.

Ultimately, the goal should be to ensure that all relevant voices are heard, and that the commission’s findings are grounded in a thorough and impartial examination of the evidence.

In doing so, the commission can fulfill its mandate and contribute to the broader goals of justice and transparency in society.