Jane Mlambo| High Court is currently hearing an application to declare the Kgalema Mothlante led Commission of Inquiry into the August 1 army shootings that resulted in the death of six innocent civilians illegal.

The applicant has told the court that the absence of a cabinet when the Commission was instituted makes the whole process illegal.

“There was no cabinet hence appointment of the Commission is illegal. The Constitution says President has executive powers and he/she exercises executive authority in terms of the constitution.

“There was no cabinet at the time the proclamation was made once, it is accepted that there was no cabinet it must also fall into place that the proclamation is out of place,” said the applicant Allison Charles.