| (1) |
The Council must appoint a person to assist the disciplinary tribunal as set out in this section. |
| (a) |
The person mentioned in subsection (1) may subpoena any person— |
| (i) |
who may be able to give material information concerning the subject of the hearing; or |
| (ii) |
whom he or she has reason to suspect of having in his or her possession or custody or under his or her control any book, document or object which has any bearing on the subject of the hearing, |
to appear before the disciplinary tribunal at the time and place specified in the subpoena, to be questioned or to produce a book, document or object.
| (b) |
A subpoena issued under paragraph (a), must be— |
| (i) |
in the prescribed form; |
| (ii) |
signed by the person mentioned in subsection (1); and |
| (iii) |
served on the registered person concerned personally or by sending it by registered mail. |
| (3) |
The disciplinary tribunal may retain any book, document or object produced in terms of subsection (2) for the duration of the hearing. |
| (4) |
The chairperson of the disciplinary tribunal may administer an oath to, or take an affirmation from any witness at the hearing. |
| (5) |
At a hearing the registered person charged— |
| (b) |
may be assisted or represented by another person in conducting the proceedings; |
| (c) |
has the right to be heard; |
| (e) |
may cross-examine any person called as a witness in support of the charge; and |
| (f) |
may have access to documents produced in evidence. |
| (a) |
The registered person may admit at any time before conviction that he or she is guilty of the charge despite the fact that he or she denied the charge or failed to react in terms of section 30(3)(b) or (c). |
| (b) |
The registered person is deemed to be guilty as charged if he or she makes an admission contemplated in paragraph (a). |
| (7) |
The person mentioned in subsection (1) may during a hearing— |
| (a) |
lead evidence and advance arguments in support of the charge and cross-examine witnesses; |
| (b) |
question any person who was subpoenaed in terms of subsection (2); and |
| (c) |
call anyone to give evidence or to produce any book, document or object in his or her possession or custody or under his or her control which the investigating committee suspects or believes to have a bearing on the subject of the hearing. |
| (a) |
A witness who has been subpoenaed may not— |
| (i) |
without sufficient cause, fail to attend the hearing at the time and place specified in the subpoena; |
| (ii) |
refuse to be sworn in or to be affirmed as a witness; |
| (iii) |
without sufficient cause, fail to answer fully and satisfactorily to the best of his or her knowledge to all questions lawfully put to him or her; or |
| (iv) |
fail to produce any book, document or object in his or her possession or custody or under his or her control which he or she has been required to produce. |
| (b) |
A witness who has been subpoenaed must remain in attendance until excused by the chairperson of the disciplinary tribunal from further attendance. |
| (c) |
A witness who has been subpoenaed may request that the names of the members of the disciplinary tribunal be made available to him or her. |
| (d) |
The law relating to privilege, as applicable to a witness subpoenaed to give evidence or to produce a book, document or object in a civil trial before a court of law, applies with the necessary changes in relation to the examination of, or the production of any book, document or object by, any person called in terms of this section as a witness. |
| (e) |
A witness may not, after having been sworn in or having been affirmed as a witness, give a false statement on any matter, knowing that answer or statement to be false. |
| (f) |
A person may not prevent another person from complying with a subpoena or from giving evidence or producing a book, document or object which he or she is in terms of this section required to give or produce. |
| (9) |
If the improper conduct with which the registered person is charged amounts to an offence of which he or she has been convicted by a court of law, a certified copy of the record of his or her trial and conviction by that court is, on the identification of the registered person as the person referred to in the record, sufficient proof of the commission by him or her of that offence, unless the conviction has been set aside by a superior court. |
Older Persons Act, 2006
