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Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)

Part 3 : Cross-Border Road Transport Agency

17. Procedures

 

(1) The Board or the Regulatory Committee, as the case may be, may, for the purpose of dealing with any matter before it in terms of this Act—
(a) allow any person affected by or interested in such matter, or the duly authorised representative of such a person, to appear before it and-
(i) to give evidence or make oral representations relevant to such matter;
(ii) to call witnesses and lead evidence on any question relevant to such matter; or
(iii) to question any person who testified as a witness in such matter;
(b) by a prescribed notice served in the prescribed manner by an authorised officer or sheriff, summon any person to appear before it at a specified time and at a specified place to give evidence in connection with any matter which may be reasonably necessary to the meeting or to produce any book, plan or other document or article in his or her possession or under his or her control which may be reasonably necessary to the meeting;
(c) call upon any person present in or at the place where such matter is dealt with by it, to appear before it to give evidence in connection with any matter which may be reasonably necessary to the meeting or to produce any book, plan or other document or article in the possession or under the control of that person which may be reasonably necessary to the meeting;
(d) question any person appearing before it as a witness; or
(e) refuse to hear any person appearing before it as a witness who refuses to be sworn in or to be affirmed.

 

(2) If a person summoned under subsection (1) fails to appear at a meeting of the Board or Regulatory Committee, as the case may be, or fails to remain in attendance at such meeting, such person is guilty of an offence.

 

(3) Any person called upon to give evidence under this section may be assisted by counsel, an attorney or an agent.

 

(4)
(a) Where any person gives evidence in terms of this section and is obliged to answer questions which may incriminate him or her, where he or she is to be tried in a criminal trial, the person presiding at the meeting must order that such part of the proceedings be held in camera and that no information regarding such information may be published in any manner.
(b) No evidence regarding any questions and answers, as contemplated in paragraph (a), is admissible in any criminal proceedings, except in criminal proceedings where the person stands trial on a charge relating to the administering of an oath or the administering of an affirmation or the giving of false evidence or the making of a false statement in connection with such questions and answers, and in criminal proceedings relating to a failure to answer lawful questions fully and satisfactorily.
(c) Any person who contravenes any provisions of an order made in terms of paragraph (a), is guilty of an offence and on conviction liable to the penalty mentioned in subsection (5) of section 154 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

 

(5) Any self-incriminating evidence obtained during the course of any questioning as contemplated under subsection (1) must not be used in criminal or civil proceedings which may result from the meeting.

 

(6) The person presiding at the meeting at which any person appears as a witness as contemplated in subsection (1), may administer an oath or affirmation to the person appearing at the meeting.