Gas Regulator Levies Act, 2002
R 385
Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197530. Manner in which witnesses may be dealt with on refusal to give evidence or procedure documents |
| (1) | Whenever any person who appears either in obedience to a subpoena or in compliance with a warrant issued under regulation 29 or is present and is verbally required by the compensation court to give evidence, refuses to be sworn or to make an affirmation, or, having been sworn or having made an affirmation, refuses to answer such questions as are put to him or refuses or fails to produce any document or thing which he is required to produce without just excuse for such refusal or failure, the compensation court may adjourn the proceedings for any period not exceeding seven days and may, in the mean time, by warrant commit the person so refusing or failing to prison unless he sooner consents to do what is required of him: Provided that the law relating to privilege as applicable to a witness subpoenaed to give evidence or to produce a document or thing before a court of law shall apply mutatis mutandis to the interrogation of any person or the production of any document or thing in terms of this regulation. |
| (2) | If any person referred to in subregulation (1) again refuses at the resumed hearing of the proceedings concerned to do what is required of him the court may again adjourn the proceedings and commit him for a like period, and so again from time to time until such person consents to do what is required of him or until he is otherwise released by the compensation court. |
| (3) | Nothing in this regulation contained shall prevent the compensation court from giving judgment in any case or otherwise disposing of the proceedings according to any other sufficient evidence taken. |
| (4) | No person shall be bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he actually has it in his possession in the compensation court. |
| (5) | When a subpoena is issued to procure the attendance of a judicial officer to give evidence or to produce any book, paper or document in any proceedings before a compensation court, and it appears— |
| (a) | that he is unable to give any evidence or to produce any book, paper or document which would be relevant to any issue in such proceedings; or |
| (b) | that such book, paper or document could properly be produced by some other person; or |
| (c) | that the compelling of his attendance would be an abuse of the process of the court; |
the compensation court may, notwithstanding anything in this regulation contained, after reasonable notice by the registrar to the party who sued out the subpoena, and after hearing that party in chambers if he appears, make an order setting aside such subpoena.
