Statistics Act, 1999
R 385
National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)RegulationsRegulations Relating to Summons and OathAnnexuresForm 1 : Summons in terms of Section 28(6) of the Act |
ANNEXURE
FORM 1
SUMMONS IN TERMS OF SECTION 28(6) AND (7) OF THE NATIONAL PROSECUTING AUTHORITY ACT, 1998 (ACT NO. 32 OF 1998)
REFERENCE NUMBER: ……………………………
Names: ………………………………………………….
Residential address: ………………………………………………..........……….
Business address: ………………………………………………………………………
You are hereby required to appear in person on the above-mentioned date and at the above-mentioned time and place before the Investigating Director, or his/her duly authorised representative, to be questioned and/or to produce the books, documents or objects mentioned in the list hereunder which are in your possession or under your control.
Date of appearance: ………………………….……
Time of appearance: ……………………………...
Place of appearance: ………………….…………..
Details of the matter(s) in connection with which your appearance is required: As per Annexure “A” hereto.
List of books, documents or other objects to be produced: As per Annexure “B” hereto.
*If you submit the above-mentioned books, documents or other objects to the Investigating Director and/or any person designated by the Investigating Director on or before …………………….. [date] you may be excused from appearing before him or her.
WARNING: Failure to comply with this summons is an offence and renders you liable to a fine or imprisonment for a period not exceeding 15 years, or to both such fine and such imprisonment.
Signed at __________ on this ____ day of _____________ 20…..
______________________________________________________________
Investigating Director / Person authorised by the Investigating Director
Enquiries:
Telephone number:
Email:
* Delete this paragraph if not applicable
Annexure “A”
DETAILS OF MATTER(S) IN CONNECTION WITH WHICH YOUR APPEARANCE IS REQUIRED
INTRODUCTION
On 4 April 2019 the President of the Republic of South Africa, in terms of section 7(1) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), proclaimed the establishment of an Investigating Directorate in respect of specified criminal offences.
BACKROUND
The information required from you relates to the conduct of an *investigation/ preparatory investigation, authorised by the Investigating Director, who is the Head of the Investigating Directorate, in terms of section *28(1)(a) / 28(13) of the National Prosecuting Authority Act, 1998, into allegations of the commission of the following offences:
………………………………………….
in relation to …………………………………..
DETAILS OF MATTER OR OTHER INFORMATION
…………………………………………………
_______________________________________
Investigating Director / Person authorised by the Investigating Director
* Delete whichever is not applicable
Annexure “B”
LIST OF BOOKS, DOCUMENTS OR OTHER OBJECTS TO BE PRODUCED
...................................................................
_______________________________________
Investigating Director / Person authorised by the Investigating Director
Please note:
| 1. | The interview with the Investigating Director and/or person designated by the Investigating Director shall take place in camera and shall be recorded. The recording of your testimony will be conducted in English. The Investigating Director has the discretion to decide in which manner the proceedings may be recorded. A stenographer may be present for the duration of the inquiry. Should you wish to testify in any of the other official languages, please liaise with the contact person identified in the summons, in order to arrange for an interpreter to be present at the aforesaid interview. |
| 2. | In terms of section 28(9) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), you may be assisted at your examination by an advocate or an attorney. Should you wish to exercise your right to legal representation, you are requested to contact your legal representative timeously so that he or she is available at the time and date indicated on this summons. |
| 3. | This investigation will be conducted in terms of section 28 of the National Prosecuting Authority Act, 1998. |
| 4. | Any person shall be guilty of an offence who has been summoned, and— |
| (a) | without sufficient cause fails to appear at the date, time and place specified in the summons or to remain in attendance until he or she is excused by the Investigating Director from further attendance; |
| (b) | at his or her appearance before the Investigating Director— |
| (i) | fails to produce a book, document or other object in his or her possession or under his or her control which he or she has been summoned to produce; or |
| (ii) | refuses to be sworn or to make an affirmation after he/she has been asked by the Investigating Director to do so; |
| (c) | having been sworn or having made an affirmation— |
| (i) | fails to answer fully and to the best of his or her ability any question lawfully put to him or her; or |
| (ii) | gives false evidence knowing that evidence to be false or not knowing or not believing it to be true. |
| 5. | If you are convicted of an offence referred to in the previous paragraph, you shall be liable to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment. |
