| (1) |
A member of the Tribunal may issue a summons for any person as contemplated in section 144 by— |
| (a) |
completing Form TI.144, ensuring that— |
| (i) |
the names, addresses and contact details of the persons to be summonsed are adequately set out; |
| (ii) |
the venue, time and date of the hearing are clearly stated; and |
| (iii) |
any document or item which such person must produce is accurately described; |
| (b) |
signing the Form in the place marked for the Tribunal member's signature; and |
| (c) |
submitting the completed and signed Form to the Registrar, to be stamped by the Registrar. |
| (2) |
Any party in a matter who requires a Tribunal member to issue a summons as contemplated in subrule(1) must file with the Registrar a Form TI.144, fully completed and containing the information required in 1(a)(i) to (iii), to be submitted by the Registrar to the Tribunal member for signature. |
| (3) |
Upon submission in terms of subrule(2) of a completed form TI.144 to a Tribunal member, the Tribunal member may— |
| (a) |
sign the Form and direct the Registrar to stamp same; or |
| (b) |
direct the party requiring the issuing of the summons to make submissions on: |
| (i) |
why the evidence of the person(s) to be summonsed is (are) required; and |
| (ii) |
any other aspect relating to the issuing of the summons. |
| (4) |
After receipt of a party's submissions in subrule(3)(b), the Tribunal member may either decline to issue the summons or may sign the form and direct the registrar to stamp same. |
| (5) |
When a summons is issued by a Tribunal member— |
| (a) |
of the Tribunal's own accord, the Registrar must ensure that the summons is served on the persons set out therein, in accordance with rule 30; or |
| (b) |
at the request of a party in a matter, such party must ensure that the summons is served on the persons set out therein, in accordance with rule 30. |
| (6) |
A summons may, in the summons form TI.144, require a witness to hand any documents or items to the Registrar by a date before the hearing. The parties to a matter will then, subject to the provisions of rule 32, be entitled to inspect and/or obtain copies of such documents or items. |
[Rule 17A inserted by rule 19 of Notice No. R. 203, GG 38557, dated 13 March 2015]
Special Investigating Units and Special Tribunals Act, 1996
