| (2) |
A board of inquiry shall consist of— |
(a)
| (i) |
a judge as defined in section 1 (1) of the Judges’ Remuneration Act, 1989 (Act No. 88 of 1989), or a judge who has been discharged from active service in terms of section 3 of the said Act; |
| (ii) |
a magistrate or retired magistrate; |
| (iii) |
a person admitted to practise as an advocate in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964); or |
| (iv) |
a person admitted to practise as an attorney in terms of the Attorneys Act, 1979 (Act No. 53 of 1979), |
who has knowledge of matters relating to non-proliferation, and who shall be appointed by the Minister as chairperson; and
| (b) |
as many other persons as the Minister may deem necessary and who shall have applicable knowledge regarding the matter to be investigated by the board of inquiry. |
| (3) |
A session of the board of inquiry shall be held on such date and at such time and place as the chairperson may determine, and he shall inform the Minister and the parties concerned in writing thereof. |
| (4) |
A board of inquiry may, for the purposes of its inquiry— |
| (a) |
summon any person who in its opinion may be able to give material information concerning the subject of the inquiry or who is believed to have in his possession or custody or under his control any book, document, data or thing which has any bearing on the subject of the inquiry, to appear before the board of inquiry on a date and at a time and place specified in the summons, to be interrogated or to produce that book, document, data or thing to the board of inquiry, and retain for examination any book, document, data or thing so produced; |
| (b) |
call and by its chairperson administer an oath to, or accept an affirmation from, any person present at the inquiry who was or could have been summoned under paragraph (a), and interrogate him and require him to produce any book, document, data or thing in his possession or custody or under his control. |
| (5) |
A summons referred to in subsection (4) (a) shall— |
| (b) |
be signed by the chairperson of the board of inquiry; |
| (c) |
be issued and served in the prescribed manner. |
| (6) |
A session of a board of inquiry shall be held in public, unless the Minister directs otherwise. |
| (7) |
The findings of a board of inquiry and the reasons therefor shall not be disclosed by the board of inquiry, but shall be conveyed to the Minister in writing. |
| (8) |
A member of a board of inquiry who is not in the full-time employment of the State shall be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of Finance, may determine. |
| (9) |
The Director-General shall designate such number of officers and employees of the Department as may be necessary to assist the board of inquiry with the administrative work relating to its inquiry. |
Special Investigating Units and Special Tribunals Act, 1996
