Older Persons Act, 2006
R 385
Arbitration Act, 1965 (Act No. 42 of 1965)Provisions as to Arbitration Proceedings16. Summoning of witnesses |
| (1) | The issue of a summons to compel any person to attend before an arbitration tribunal to give evidence and to produce books, documents or things to an arbitration tribunal, may be procured by any party to a reference in the same manner and subject to the same conditions as if the reference were a civil action pending in the court having jurisdiction in the area in which the arbitration proceedings are being or are about to be held: Provided that— |
| (a) | no person shall be compelled by such a summons to produce any book, document or thing the production of which would not be compellable on trial of an action; and |
| (b) | the clerk of the magistrate's court having jurisdiction in the said area, may issue such summons upon payment of the same fees as are chargeable for the issue of a subpoena in a civil case pending in the magistrate's court. |
| (2) | Any summons issued out of any court in terms of subsection (1) shall be served in the same manner as a subpoena issued out of that court in a civil action pending in that court. |
| (3) | The provisions of subsections (3) and (4) of section eighty-seven of the Correctional Services Act, 1959 (Act 8 of 1959), relating to the service of a subpoena upon any prisoner to give evidence in civil proceedings in any court, shall mutatis mutandis apply with reference to the service of a summons upon any prisoner required to give evidence before an arbitration tribunal as if the proceedings before such tribunal were civil proceedings pending in a court. |
[Subsection (3) amended by section 4 of Act No. 18 of 1996]
| (4) | On the application of any party to a reference, the court may order the process of the court to issue to compel the attendance of a witness before the arbitration tribunal or may order any prisoner to be brought before such arbitration tribunal for examination. |
