Older Persons Act, 2006
R 385
Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984)30. Inquiry by council |
| (1) | For the purpose of any inquiry under section 29 the council may— |
| (a) | summon any person who in its opinion is able to give information of material interest concerning the subject which is being investigated or who is presumed to have in his possession or custody or under his control any book, document or thing which relates to the subject which is being investigated, to appear before the council at a time and place specified in the summons to be interrogated or to produce that book, document or thing, and may retain for examination any book, document or thing so produced; |
| (b) | call and by way of its president 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 or thing in his possession or custody or under his control; |
| (c) | appoint any person to advise the council at such inquiry on matters relating to law, procedure, evidence or the imposition of punishment. |
| (2) | A summons requiring any person to appear before the council or to produce any book, document or thing, shall be in the form determined by the council, be signed by the president of the council or a person authorised thereto by it and served in the same manner as a summons in a criminal case issued by a magistrates court or, in the case of a summons to be served in a designated country as defined in the Reciprocal Service of Civil Process Act, 1990 (Act No. 12 of 1990), in accordance with the provisions of that Act. |
| (3) | If any person who has been duly summoned under this section fails, without sufficient cause, to appear at the time and place specified in the summons or to remain in attendance until excused from further attendance by the president of the council, or if any person called under subsection (1)(b) refuses to be sworn or to accept an affirmation as a witness or fails without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions lawfully put to him concerning the subject which is being investigated or to produce any book, document or thing in his possession or custody or under his control which he has been required to produce, he shall be guilty of an offence: Provided that in connection with the interrogation of any such person or the production of any such book, document or thing, the laws relating to privilege, as applicable to a witness summoned to give evidence or to produce any book, document or thing before a court of law, shall apply. |
| (4) | Any witness who, after having been duly sworn or having accepted an affirmation, gives a false answer to any question lawfully put to him or makes a false statement on any matter, knowing such answer or statement to be false, shall be guilty of an offence. |
| (5) | Any person who wilfully hinders the president or any member or person in the employment of the council in the exercise of any power conferred upon him by or under this section, shall be guilty of an offence. |
| (6) | A person whose conduct is being inquired into by the council shall be informed of the nature of the complaint made against him and shall be entitled to appear by himself or to be represented by any other person duly authorised in writing on his behalf, and to produce evidence, call and examine witnesses on his behalf and cross-examine other witnesses. |
| (7) | Any person convicted of an offence under subsection(3), (4) or(5) shall be liable to a fine not exceeding R200. |
