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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter I : Bureau, Director and Staff

6. Powers of director to demand information

 

(1) The director may require any person to submit to him, periodically or otherwise, and at such times as he or she may direct, any information available to such person which the director considers necessary for the effective performance of his functions, or to submit to him or her or his nominee any book or document in the possession or under the control of such person which contains or is suspected to contain any such information, and may examine and make copies of or take extracts from any such book or document.

 

(2) Information called for under subsection (1) may be required to be given in the form of a sworn declaration by the person furnishing such information.

 

(3) The director may, by notice in writing signed by him, require any person to appear before him or her at a time and place specified in the notice, to be interrogated or to produce any book or document referred to in subsection (1), and may administer an oath or affirmation to and question any person appearing before him, whether in pursuance of any such notice or otherwise.

 

(4) Nothing in this section contained shall be construed as empowering the director to require any person to furnish any information or produce any book or document which that person is by law prohibited from disclosing or producing or which is privileged in terms of any law, and the legal rules relating to privilege as applicable to a witness summoned to give evidence or produce any book or document in civil proceedings in a court of law, shall apply in connection with the interrogation of any person required to appear as contemplated in this section, and in connection with the production of any book, document or information which he or she is to produce in terms of such a requirement.

 

(5) The Director-General may, from moneys appropriated by Parliament for that purpose, compensate any person who has appeared in response to a notice under subsection (3), for any loss sustained or expenses incurred by him or her in connection with his appearance, if such person has produced all books and documents which he or she was obliged to produce and has satisfactorily answered all questions which he or she was bound to answer: Provided that the total amount paid by way of compensation to any such person shall not exceed the amount which would in like circumstances have been payable to him or her had he or she been summoned to appear as a witness in a civil case before a magistrate’s court.