Special Investigating Units and Special Tribunals Act, 1996
R 385
Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 5 : Inspectorate of Mine Health and Safety63. Enhancing effectiveness of investigation |
| (1) |
| (a) | For the purpose of enhancing the effectiveness of an investigation in terms of section 60 the National Prosecuting Authority, after receiving representations from the Chief Inspector of Mines, may issue a certificate that no prosecution may be instituted in respect of any contravention of, or failure to comply with, a provision of this Act related to the event being investigated. |
| (b) | If a certificate is issued, no fine in terms of section 55B or disciplinary action related to the event investigated may thereafter be imposed on or taken against any person. |
[Section 63(1) substituted by section 23 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (2) | The Chief Inspector of Mines must communicate in writing the protection afforded under subsection (1) to all persons questioned during the investigation. |
| (3) | Persons questioned during the investigation who are afforded protection under this section must answer every question to the best of their ability and may not refuse to answer any question on the grounds that the answer may be self-incriminating. |
