Thursday, August 11, 2022

THE CONSTITUTION AND THE TRRC

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When a commission of inquiry completes its work, its findings and recommendations must be submitted to the executive. The constitution makes it mandatory for the executive to issue a white paper indicating its position on the findings and recommendations.

Hence it is necessary in order not to err in law for the president to inform those persons against whom there are adverse findings. Should he fail to inform them that could serve as a defence.

Furthermore the constitution states in section 204 subsection (1) that,

“Where a Commission of Inquiry makes an adverse finding against any person, it shall, at the time of submitting its report to the President, inform such persons of the finding and the reasons therefore.”

Hence the white paper is just one stage of the process. Foroyaa will continue to monitor whether those who are deemed to be perpetrators have been informed of the adverse findings against them and whether they will appeal to the court of appeal against the findings.

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As far as the Constitution is concerned the process is yet to be over.

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