The DFC Commission of Inquiry - it's hailed as a true benchmark accomplishment of the unions' agitation in January and February, and observers hope it serves as the rod of correction for the reckless rulers of the DFC that ran the statutory body into a tattered insolvency. But recently, it's appeared that the commission might not have the power to bring the DFC bosses to heel because of strict confidentiality clauses in the DFC Act which may or may not outstrip the powers of Commission of Inquiry Act. We say "may or may not" because there has been some dispute over that point and today the government took that question to the Supreme Court for the consideration of the Chief Justice.
Solicitor General Elson Kaseke asked the Chief Justice to decide which act trumps the other: is it Commission of Inquiry over DFC, or is it the other way around? A heavy question, but one the Chief Justice refused to make an academic judgement on. In an oral judgement delivered just before noon, he dismissed the application and told the government side that the commission must first exhaust its powers and procedures to summon witnesses from the DFC and only when they refuse to produce evidence, only then, can the court properly make a judgement. And in fact, Conteh chided the commission for recently letting DFC C.E.O. Troy Gabb off the hook.
The Commission had issued a summons for Gabb to appear and he did not, but instead of seeking to arrest Gabb for non compliance, the commission let it slide. Today it was the clear indication of the Chief Justice, that the Commission should continue to pursue its action against Gabb which means seeking his arrest if he fails to comply with the summons.
Putting an energetic spin on today's judgement, government sent out a statement which omits to mention that its application was dismissed but claims that the Chief Justice established that the Commission of Inquiry can order the DFC to produce documents. And indeed it can order the DFC, but it does not have the power to compel DFC employees to produce those documents and until that matter is cleared up, the Commission of Inquiry remains in a stalled position.
