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[1]  This matter concerns the interpretation and application of the provisions of the Commissions Act and regulations made under that Act.  The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (Commission) instituted this application as a matter of urgency.  The application was launched in December when this Court was on recess.  The Commission sought to approach this Court directly on alternative bases.  In the main, it contended that the matter falls within the exclusive jurisdiction of this Court.  Alternatively, the Commission sought direct access to this Court for purposes of determining its application.

[2]  Commissions of inquiry are investigative tools which the President may invoke for purposes of investigating matters of public concern or for gathering information considered necessary for formulating policy.  The power to establish these commissions vests in the President and may be exercised by him or her in his or her capacity as the Head of State.  It is a power expressly conferred by the Constitution.