| 1) |
The Minister shall from time to time appoint a board of investigation to assist him in the evaluation of any matter or any appeal in terms of the provisions of this Act. |
| 2) |
The board of investigation shall consist of- |
| i) |
a judge or retired judge of the Supreme Court of South Africa; |
| ii) |
a magistrate or retired magistrate; |
| iii) |
any person admitted in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), to practise as an advocate; or |
| iv) |
any person admitted in terms of the Attorneys Act, 1979 (Act No. 53 of 1979), to practise as an attorney, |
who in the opinion of the Minister has a knowledge of matters relating to the environment, and is designated by him as chairman; and
| b) |
such number of other persons as the Minister deems necessary and in his opinion have expert knowledge of the matter which the board of investigation has to consider. |
| 3) |
A session of the board of investigation shall take place on the date and at the time and place fixed by the chairman, who shall advise the Minister and the relevant parties in writing thereof. |
| 4) |
The board of investigation may for the purposes of the investigation- |
| a) |
instruct any person who in its opinion may give material information concerning the subject of the investigation or who it believes has in his possession or custody or under his control any book, document or thing which has any bearing upon the subject of the investigation, to appear before such board; |
| b) |
administer an oath to or accept an affirmation from any person called as a witness at the investigation; and |
| c) |
call any person present at the investigation as a witness and interrogate him and require him to produce any book, document or thing in his possession or custody or under his control. |
| 5) |
An instruction referred to in subsection (4) (a) to appear before the board of investigation shall be by way of a subpoena signed by the chairman of the board. |
| a) |
A session of the board of investigation shall be held in public. |
| b) |
The decision of the board and the reasons therefore shall be reduced to writing. |
| 6) |
A member of the board of investigation who is not in the full-time employment of the State may be paid from money appropriated by Parliament for that purpose such remuneration and allowances as the Minister may, with the concurrence of the Minister of State Expenditure, determine either in general or in any particular case. |
| 7) |
The Director-General shall designate, subject to the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994), as many officers and employees of the Department as may be necessary to assist the board in the administrative work connected with the performance of the functions of the board of investigation: Provided that with the approval of the Minister such administrative work may be performed by any person other than such officer or employee at the remuneration and allowances which the Minister with the concurrence of the Minister of State Expenditure may determine. |
Older Persons Act, 2006
