The Court made several non-binding observations: (1) It may be commendable and fairer that applicants be afforded legal representation at state expense in circumstances where state organs have these privileges and mining corporations can afford huge legal fees. (2) The power to appoint commissions of inquiry is a constitutional executive power that enables the President to search for truth, which can inform corrective measures, future policy, executive action or legislation, and serves indispensable accountability and transparency purposes. (3) Ordinarily, a functionary setting up a commission must ensure adequate opportunity to all who should be heard by it, as absent a fair opportunity, the search for truth and the purpose of the commission may be compromised. (4) Unfairness may arise when adequate legal representation is not afforded before a commission. (5) Whether the desirable objective of 'equality of arms' before a commission translates into a right to legal representation at state expense is a contestable issue. (6) The provisions of the Legal Aid Act had not been challenged as constitutionally invalid, nor had the refusal by Legal Aid South Africa been challenged on review.