51.
As men�oned above, SUHAKAM’s authority to conduct an inquiry is s�pulated in
Sec�on 12 of the Act which reads:
“Commission may inquire on its own mo�on or on complaint
12(1) The Commission may, on its own mo�on or on a complaint made
to it by an aggrieved person or group of persons or a person ac�ng on
behalf of an aggrieved person or a group of persons, inquire into an
allega�on of the infringement of the human rights of such person or
group of persons.
52.
The powers rela�ng to the conduct of public inquiries are found in Sec�on 14 of
the Act:
“Powers rela�ng to inquiries
14(1) The Commission shall, for the purposes of an inquiry under this
Act, have the power—
(a) to procure and receive all such evidence, wri�en or oral, and to
examine all such persons as witnesses, as the Commission thinks
necessary or desirable to procure or examine;
(b) to require that the evidence, whether wri�en or oral, of any
witness be given on oath or affirma�on, such oath or affirma�on
being that which could be required of the witness if he were giving
evidence in a court of law, and to administer or cause to be
administered by an officer authorised in that behalf by the
Commission an oath or affirma�on to every such witness;
(c) to summon any person residing in Malaysia to a�end any mee�ng
of the Commission to give evidence or produce any document or
other thing in his possession, and to examine him as a witness or
require him to produce any document or other thing in his
possession;
(d) to admit notwithstanding any of the provisions of the Evidence Act
1950 [Act 56], any evidence, whether wri�en or oral, which may be
inadmissible in civil or criminal proceedings; and
17
PASTOR RAYMOND KOH
Powers of Inquiry of SUHAKAM