Older Persons Act, 2006
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 16 : Boards of Inquiry102. Attendance of persons at board of inquiry, and witnesses |
| 1) | The president of any board of inquiry may summon any person in the Republic to attend such board of inquiry and to give evidence thereat. |
| 2) | The president of any board of inquiry may administer the prescribed oath or affirmation to witnesses, interpreters and stenographers at such inquiry. |
| 3) |
| a) | Any person giving evidence before a board of inquiry may be compelled to answer any question or to produce any article if the president of the board of inquiry so orders. |
| b) | No incriminating answer or information obtained or incriminating evidence directly or indirectly derived from a question in terms of paragraph (a) is admissible as evidence against the person concerned in criminal proceedings in a court of law or before any body or institution established by or under any law, except in criminal proceedings where the person is arraigned on a charge of perjury or a charge contemplated in section 104(21). |
| 4) | Subject to subsection (5), the evidence of every witness called by a board of inquiry must be given orally and on oath or affirmation and must be recorded by or under the supervision of the president. |
| 5) | A board of enquiry may admit a sworn statement by a witness as evidence where, with due regard to the exigencies of the service— |
| a) | by reason of his or her illness, the witness cannot attend; |
| b) | undue expense would be incurred by the attendance of the witness; or |
| c) | the evidence of the witness is of a purely formal nature. |
| 6) | Where the evidence is of such a nature that it is likely that the findings or recommendations would seriously affect the professional reputation of a person who is subject to the Code or a person who is in the employ of the Department, or that any disciplinary or other legal steps might be taken against such a person— |
| a) | the witness concerned must, despite subsection (5), be called to give evidence orally if the person who is likely to be affected, so requests; |
| b) | the person who is likely to be affected may be present at every meeting of the board where such evidence is led, to cross-examine any witness giving such evidence, to give evidence himself or herself, even if otherwise called as a witness by the board, and to call witnesses. |
| 7) | The president of the board must timeously notify a person contemplated in subsection (6) of the time and place of every such meeting and advise that person of the rights conferred upon him or her by that subsection. |
| 8) | Any person contemplated in subsection (6) may at any stage of the proceedings determined by the board, address the board on the evidence referred to in that subsection and may— |
| a) | in the exercise of his or her rights under that subsection be represented by a legal representative of his or her own choice at his or her own expense; or |
| b) | if the person so requests, be assigned military defence counsel at State expense. |
| 9) | Before the record of proceedings is submitted to the person who convened the board, the relevant findings and recommendations of a board of inquiry must be communicated to each person who is adversely affected by such findings and recommendations and that person has the right to make written representations to the person who convened the board of inquiry within 14 days of receipt of the relevant findings and recommendations. |
| 10) | Subsections (6) and (7) do not apply in relation to any board of inquiry convened under section 103. |
