A local constitutional and legal think tank Organisation VERITAS has described the Commission of Inquiry into the post election shooting of innocent civilians by the army, illegal saying it was appointed without cabinet to advice him.
According to VERITAS, Section 110(6) of the constitution states that President must exercise his duties on the advice of the cabinet which was not in place at point in time.
“Section 110(6) of the Constitution states: “In the exercise of his or her functions, the President must act on the advice of the Cabinet,
“When the President purportedly appointed the Commission there was no Cabinet to advise him,” said VERITAS.
The Organisation added that the proclamation establishing the commission has not been published which legally means it is not yet in existence, “because commissions of inquiry are established by proclamation.”
VERITAS emphasized the importance of having the commission legally established to enable it to exercise its powers which includes investigating as well as summoning witnesses and compelling them to give evidence on oath.