Section 118: Performance of functions of Commissions and tribunals

118. Performance of functions of Commissions and tribunals (1) Any Commission established by this Constitution may, by regulations, make provision for regulating and facilitating the performance by the Commission of its functions under this Constitution. (2) Any decision of any such Commission shall require the concurrence of a majority of all the members and, subject to this subsection, the Commission may act, notwithstanding the absence of any member: Provided that where in any particular case a vote of all the members is taken to decide the question and the votes cast are equally divided, the Chairperson shall have and shall exercise a casting vote. (3) Subject to this section, any such Commission may regulate its own procedure. (4) Subject to section 91A, in the exercise of its functions under this Constitution, no such Commission shall be subject to the direction or control of any other person or authority. (5) In addition to the functions conferred upon it by or under this Constitution, any such Commission shall have such powers and other functions as may be prescribed. (6) The validity of the transaction of business of any such Commission shall not be affected by the fact that some person who was not entitled to do so took part in the proceedings. (7) Subsections (1), (2), (3) and (4) shall apply in relation to a tribunal established for the purposes of sections 5 (4), 15 (4), 18 (3), 78 (4), 92 (4), or 93 (4) as they apply in relation to a Commission established by this Constitution, and any such tribunal shall have the same powers as the Supreme Court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents. [S. 118 amended by s. 3 of Act 9 of 2008 w.e.f. 1 June 2009.]