| (1) |
Any party who requires the Commission or a commissioner to subpoena a person in terms of section 142(1) of the Act, must file a completed LRA Form 7.16 together with a written motivation setting out why the evidence of the person to be subpoenaed is necessary. A request for a subpoena does not apply to documents and material relevant to the dispute. Requests for documents and material must be made in terms of Rule 29. |
| (1A) |
The Commission or commissioner, in determining the request for subpoena, may require that— |
| (i) |
the party who requests the subpoena provide additional information within three (3) days of receipt of this request and in a manner as set out in the request; and |
| (ii) |
that the other party provides a written response to the request for subpoena within five (5) days of receipt of this request, or provides such a response in a manner as set out in the request. |
| (2) |
A party requesting the Commission to waive the requirement for the party to pay witness fees in terms of section 142(7)(c) of the Act must set out the reasons for the request in writing at the time of requesting the Commission to issue a subpoena in respect of that witness. The Commission's decision must be made in writing and delivered when issuing the subpoena. |
| (3) |
An application in terms of sub-rule (1) must be filed with the Commission at least fourteen (14) days prior to the arbitration hearing, or as directed by the commissioner hearing the arbitration. |
| (4) |
The Commission or commissioner may refuse to issue a subpoena if— |
| (a) |
the party does not establish why the evidence of the person is necessary; |
| (b) |
the party subpoenaed does not have seven (7) days in which to comply with the subpoena; |
| (c) |
not satisfied that the party requesting the subpoena has paid the prescribed witness fees, reasonable travel costs and/or subsistence expenses of the person subpoenaed. |
| (5) |
A subpoena must be served by the person who has requested the issuing of the subpoena or by the Sheriff, at least seven (7) days prior to the scheduled date of the arbitration by; |
| (a) |
delivering a copy of it to the person subpoenaed personally; |
| (b) |
sending a copy of it by registered post to the subpoenaed person's— |
| (ii) |
place of business or employment; or |
| (iii) |
post office box or private bag number; |
| (c) |
leaving a copy of it at the subpoenaed person's place of residence or place of business or employment with a person who apparently is at least sixteen (16) years of age and is residing or employed there or by e-mailing a copy of it to the e-mail address of the person subpoenaed. |
| (6) |
Service of a subpoena must be accompanied by proof of payment of the prescribed witness fees for one day in accordance with the tariff of allowances published by notice in the Government Gazette in terms of section 142(7) of the Act and the witnesses' reasonable travel costs and subsistence expenses. |
Sub-rules (4)(c) and (6) do not apply if the Commission, in terms of section 142(7)(c) of the Act, has waived the requirement to pay witness fees.
South African Council for Educators Act, 2000
