TABLE 1: SUMMARY OF COUNTRY REPORTS Serial No. Country Standard of Proof Type of Binding Nature of Recommendations Recommendations Australia In general, the Broad ranging, policy Not binding but carry significant standard to be met is oriented; individual political weight. that of reasonable responsibility satisfaction allocated where (Briginshaw Test). mandated. The strength of evidence required increases with the seriousness of allegations though commissions usually do not examine individual responsibility. Commissions are usually not established with the aim of examining individual responsibility and therefore do not require the onus to be on a particular party. Canada The standard of proof Broad ranging, policy Not binding but carry significant used is that of oriented; individual political weight. sufficiency of evidence. responsibility Commissions usually allocated where don’t examine mandated.
TABLE 1: SUMMARY OF COUNTRY REPORTS Serial No. Country Standard of Proof Type of Recommendations Binding Nature of Recommendations Australia In general, the standard to be met is that of reasonable satisfaction (Briginshaw Test). The strength of evidence required increases with the seriousness of allegations though commissions usually do not examine individual responsibility. Commissions are usually not established with the aim of examining individual responsibility and therefore do not require the onus to be on a particular party. Broad ranging, policy oriented; individual responsibility allocated where mandated. Not binding but carry significant political weight. Canada The standard of proof used is that of sufficiency of evidence. Commissions usually don’t examine Broad ranging, policy oriented; individual responsibility allocated where mandated. Not binding but carry significant political weight.
OPBP-LRC-Marikana-Commission-Report.docx