| (1) |
In any proceedings, the Court may, with the consent of the parties, refer— |
| (a) |
any matter which requires extensive examination of documents or scientific, technical or local investigation which cannot be conveniently conducted by the Court; |
| (b) |
any matter which relates wholly or in part to accounts; or |
| (c) |
any other matter arising in such proceedings, |
for enquiry and report to a referee, and the Court may, after hearing such evidence or arguments as may be adduced or presented by the parties—
| (i) |
adopt the report of any such referee, either wholly or in part, and either with or without modifications; |
| (ii) |
remit such report for further enquiry or report or consideration by such referee; or |
| (iii) |
make any other order in regard thereto. |
| (2) |
Any finding in such report or any part thereof which is adopted by the Court, whether with or without modifications, shall have effect as if it were a finding by the Court in the proceedings in question. |
| (3) |
Any such referee shall for the purpose of such enquiry have such powers and shall conduct the enquiry in such manner as may be prescribed by a special order of court or by the rules. |
| (4) |
For the purpose of procuring the attendance of any witness, including any witness detained in custody under any law, and the production of any document or thing before a referee, an enquiry under this section shall be deemed to be proceedings before the Court: Provided that the referee shall not have jurisdiction in respect of the criminal offences created by this section. |
| (5) |
Any person summoned to appear and give evidence or produce any document or thing before a referee, and who, without sufficient cause— |
| (a) |
fails to attend at the time and place specified or to remain in attendance until the conclusion of the enquiry or until he or she is excused by the referee from further attendance; |
| (b) |
refuses to be sworn or to make affirmation as a witness; |
| (c) |
having been sworn or having made affirmation as a witness, fails, without just excuse, to answer fully and satisfactorily any question put to him or her; |
| (d) |
fails to produce any document or thing in his or her possession or custody or under his or her control which he or she was summoned to produce, |
shall be guilty of an offence and liable on conviction either by the Court by way of the procedures set out in section 28F or by a criminal court having jurisdiction, to a fine or to imprisonment for a period not exceeding three months.
| (6) |
Any person who, after having been sworn or having made affirmation, gives false evidence before a referee at any enquiry, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury. |
| (7) |
Any referee shall be entitled to such fees as may be prescribed by the rules or, if no such fees have been so prescribed, to such fees as the Court may determine, and to any reasonable expenditure incurred by him or her for the purposes of the enquiry, and any such fees and expenditure shall be taxed by the taxing master of the Court and shall be costs in the cause: Provided that the Court may order the State to pay the said fees and expenditure. |
[Section 28C inserted by section 15 of Act No. 78 of 1996]
Statistics Act, 1999
