Special Investigating Units and Special Tribunals Act, 1996
R 385
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)RegulationsRegulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination, 2003Chapter III : Equality Court Proceedings8. Attendance of proceedings |
| (1) |
| (a) | A party wishing to have a witness subpoenaed must, within 14 days before the date of the inquiry, request the clerk to issue a subpoena, and the clerk must forthwith issue the subpoena. |
| (b) | The subpoena issued must correspond substantially with Form 6 of the Annexure. |
| (c) | After a subpoena contemplated in paragraph (a) has been issued, the subpoena must be handed to the person who requested the subpoena who must serve the subpoena on the witness or cause the subpoena to be served on the witness— |
| (i) | by a sheriff at own cost; or |
| (ii) | by any person designated by the clerk on the recommendation of the presiding officer. |
| (d) | The person who serves the subpoena must complete Part B of Form 6 of the Annexure. |
| (2) |
| (a) | The attendance of proceedings by a witness by direction of the court is secured by means of a subpoena, issued by a clerk, which corresponds substantially with Form 6 of the Annexure. |
| (b) | The subpoena referred to paragraph (a) must be served on the witness at State expense by a sheriff. |
| (3) | A person subpoenaed to attend the proceedings as a witness, may be required to produce any book, document or statement or object relating to the matter. |
| (4) |
| (a) | Any witness, excluding a person who is in the full-time employ of the State, attending the proceedings is, subject to paragraph (b), entitled to the allowance set out in paragraph (c). |
| (b) | The presiding officer may order that no allowance or only part thereof be paid. |
| (c) | The allowance payable to a witness is as follows: |
| (i) | R100 for each day or part of a day during which the witness is required to be present at the proceedings; and |
| (ii) | reasonable substantiated travel and subsistence expenses incurred by the witness in order to attend the proceedings. |
| (d) | The expenses relating to the allowances referred to in paragraph (c) must be paid by— |
| (i) | the State if the witness attends the proceedings by direction of the court; or |
| (ii) | the party who requested the attendance of the witness, unless the presiding officer directs otherwise. |
| (5) | The provisions of section 51 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), apply with the necessary changes in respect of any witness subpoenaed to attend proceedings under these regulations. |
