| 1) |
For the purposes of a preliminary investigation or an investigation in terms of this Act-- |
| a) |
the chairperson of the committee may summon any person who is believed to be able to furnish any information on the subject of the preliminary investigation or the investigation, as the case may be, or to have in his possession or under his control any book, document or other object which refers to that subject, to appear before the committee at a time and place specified in the summons, to be questioned or to produce that book, document or other object; and |
| b) |
the committee, an investigating officer or a person appointed by the chairperson of the committee may question the person summonsed, or any person testifying on behalf of the person summonsed, under oath or affirmation administered by the chairperson, and the committee may examine or retain for further examination or for safe custody such a book, document or other object. |
| 2) |
A person from whom a book or document has been taken under subsection (1)(b) shall, as long as it is in the possession of the committee, at his request be allowed, at his own expense and under the supervision of an investigating officer, to make copies thereof or to take extracts therefrom at any reasonable time. |
| 3) |
A summons for the appearance of a person before the committee or for the production to the committee of a book, document or other object, shall be in the form prescribed by regulation, shall be signed by the chairperson of the committee or a person designated by him and shall be served in the manner so prescribed. |
| 4) |
Any person who has been summoned to appear before, or to produce a book, document or other object to, the committee and who- |
| a) |
without sufficient cause (the onus of proof of which shall rest upon him) fails to appear at the time and place specified in the summons or to remain in attendance until he is excused by the chairperson from further attendance; |
| b) |
at his appearance before the committee refuses to be sworn or to make an affirmation after he has been asked by the chairperson to do so; |
| c) |
having been sworn or having made affirmation-- |
| i) |
fails to answer fully and satisfactorily any question lawfully put to him; |
| ii) |
fails to produce a book, document or other object in his possession or under his control which he has been summoned to produce; |
| iii) |
gives false evidence knowing that evidence to be false or not knowing or not believing it to be true, |
shall be guilty of an offence.
| 5) |
The law regarding privilege as applicable to a witness giving evidence before, or summoned to produce a book, document or other object to, a High Court, shall apply in relation to any person summoned under this section. |
Older Persons Act, 2006
