Kohn’s third doctoral article on what she terms, ‘Public Integrity and Accountability Commissions of Inquiry’ (I&A CoIs) [see the full article here] has made her the leading expert on these CoIs, and at a seminal time for South Africa’s constitutional democracy.
In her article, Kohn makes a compelling original argument as to when and why certain CoIs ought to be treated as I&A CoIs that fall under this fourth branch of state in SA such that they are properly capacitated, respected and run during their lifespan and so that, in appropriate cases, certain of their recommendations may indeed constitute ‘binding findings’.
Kohn gave the example of the fact-finding mission of an I&A CoI revealing prima facie evidence of wrong-doing and showed why in such instances, the relevant law enforcement agencies, including the National Prosecuting Authority, must – albeit independently – act upon these recommendations.
Kohn has recently been asked to provide expert insight on the role and work of these commissions in our poststate capture context.
See for example, the Sunday Times piece, ‘Call for findings of inquiries to be binding’ (4 May 2025), where Isaac Mahlangu stated that, –
‘Kohn, a legal scholar, founder and director of the Law and Governance Academy of Southern Africa, believes commissions looking into [matters of] public integrity and accountability, such as the Truth and Reconciliation Commission (TRC), should be able to make binding findings’…. Kohn [of LAGASA] will deliver a keynote [substantive] address on the topic of commissions of inquiry at next week’s 14th Regional Anti-Corruption Conference in Commonwealth Africa’, organised by Dr Roger Koranteng.
~ Isaac Mahlangu
The 14th Regional Anti-Corruption Conference in Commonwealth Africa (5 May 2025)
Kohn delivered the Opening Substantive Address at this Conference, on 5 May 2025, on her work on I&A Commissions of Inquiry. Her speech was received with resounding applause. Among other dignitaries, diplomats and anti-corruption experts, the Honourable Minister of Justice and Constitutional Justice was in attendance and gave the Introductory Keynote.
During the Conference Kohn, for LAGASA, also chaired a panel on the integral and effective use of A.I in fighting corruption.
Kohn’s doctoral propositions have been engaged with by key state stakeholders and LAGASA is proud to share that its founder’s ideas are now making a practical impact at the level of policy/ law reform and its actual implementation.
See for example, President Ramaphosa’s Statement on the establishment of the new CoI into ‘Allegations regarding law enforcement agencies’ (the ‘Madlanga Commission’), in which many of Kohn’s proposals for reform have been adopted. The President has thus stated decisively that unlike CoIs of yesteryear, whose recommendations could be shelved without more, there may indeed be instances in which I&A CoIs can appropriate make binding findings as Kohn has advocated for.
In his Statement on the Madlanga Commission, the President emphasised the following:
‘It will make findings and recommendations for criminal prosecutions, disciplinary actions and institutional reform. Once established, the Commission shall consider prima facie evidence relating to the involvement of individuals currently employed within law enforcement or intelligence agencies. Where appropriate, the Commission must make recommendations on the employment status of such officials, including whether they should be suspended pending the outcome of further investigations. The Commission will have the power to refer matters for immediate criminal investigation and urgent decisions on prosecution, taking into account the nature of the allegations and evidence the Commission will uncover. It is critical that these matters be attended to with the necessary urgency and thoroughness. The Commission is expected to complete its work and submit a final report to the President… The final report of the Commission will be sent to the Speaker of the National Assembly and the Chief Justice.’ [Emphasis added]
Commentary on the Madlanga Commission (17 July 2025)
More recently Kohn was asked by News24 to provide expert commentary on the welcome establishment of the Madlanga Commission and the Presidency’s recognition of its significant role in enhancing public integrity and accountability.
See, Lauren Kohn ‘The Madlanga Commission Can Restore Public Confidence if…’ News24.
