| (1) |
A Special Tribunal shall be independent and impartial and perform its functions without fear, favour or prejudice and subject only to the Constitution and the law. |
| (2) |
A Special Tribunal shall have jurisdiction to adjudicate upon any civil dispute brought before it by a Special Investigating Unit or any interested party as defined by the regulations, emanating from the investigation by such Special Investigating Unit, including the power to— |
| (a) |
issue suspension orders, interlocutory orders or interdicts on application by such Unit or party; and |
| (b) |
make any order which it deems appropriate so as to give effect to any ruling or decision given or made by it. |
| (3) |
A Special Tribunal may subpoena or cause to be subpoenaed any person to appear before it, and, if applicable, to submit to it any book, document or object, as specified in the subpoena, which may be relevant to the matter before it. |
| (a) |
subpoenaed to attend any proceedings as a witness or to produce any book, document or object, fails without reasonable excuse to obey the subpoena and it appears from the return of the person who served such subpoena, or from evidence given under oath, that— |
| (i) |
the subpoena was served upon the person to whom it is directed; or |
| (ii) |
he or she is evading service; or |
| (b) |
who has attended proceedings as a witness in obedience to a subpoena fails to remain in attendance, |
the Special Tribunal may issue a warrant directing that he or she be arrested and brought before the Special Tribunal at a time and place stated in the warrant or as soon thereafter as practicable.
| (5) |
A person arrested under any such warrant may be detained thereunder in any prison or lock-up or other place of detention or in the custody of the person who is in charge of him or her, with a view to securing his or her presence as a witness or to produce any book, document or object at the proceedings concerned: Provided that any member of the Special Tribunal may release him or her on a recognisance with or without sureties for his or her appearance to give evidence or to produce any book, document or object as required. |
| (6) |
If a person who has entered into any recognisance in terms of subsection (5) for his or her appearance to give evidence at such proceedings or to produce any book, document or object, fails without reasonable excuse so to appear or to produce such book, document or object, he or she shall, apart from the forfeiture of his or her recognisance, be guilty of an offence and liable upon conviction to a fine, or to imprisonment for a period not exceeding three months. |
| (7) |
Any party may appeal against a ruling, decision or order of a Special Tribunal to the Provincial Division of the Supreme Court which has jurisdiction and such an appeal shall be deemed to be an appeal against a decision by a single judge of the Supreme Court: Provided that no appeal shall lie against any ruling, decision or order which, if made by the Supreme Court, would not be subject to appeal. |
Older Persons Act, 2006
