| (1) |
The Commission may conduct an inquiry into any matter in respect of which it is authorised by the Constitution or the Public Service Act to perform any function. |
| (2) |
For the purposes of the inquiry, the Commission may— |
| (a) |
summons any person who may be able to give information of material importance concerning the subject of the inquiry or who has in his or her possession or custody or under his or her control any book, document or object which may have a bearing on the subject of the inquiry, to appear before the Commission; |
| (b) |
call upon and administer an oath to, or accept an affirmation from, any person present at the inquiry who has or might have been summonsed in terms of paragraph (a); |
| (c) |
examine or require any person who has been called upon in terms of paragraph (b) to produce any book, document or object in his or her possession or custody or under his or her control which may have a bearing on the subject of the inquiry. |
| (3) |
A summons for a person to appear before the Commission shall be— |
| (b) |
signed by the chairperson of the Commission or any other person designated by the Commission; and |
| (c) |
served in the prescribed manner. |
| (a) |
has been duly summonsed under this section and who fails, without sufficient cause— |
| (i) |
to attend at the time and place specified in the summons; or |
| (ii) |
to remain in attendance until excused by the Commission from further attendance; |
| (b) |
has been called upon in terms of subsection (2)(b) and who refuses to be sworn or to affirm as a witness; or |
| (c) |
fails, without sufficient cause— |
| (i) |
to answer fully and satisfactorily any question lawfully put to him or her in terms of subsection (2)(c); or |
| (ii) |
to produce any book, document or object in his or her possession or custody or under his or her control which he or she was required to produce in terms of subsection (2)(c), |
shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
| (5) |
In connection with the examination of any person by, or the production of any book, document or object before, the Commission in terms of this section, the law relating to privilege, as applicable to a witness summonsed to give evidence or to produce any book, document or object before a court of law, shall apply. |
Gas Regulator Levies Act, 2002
