Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)RegulationsGeneral Administrative Regulations8. Subpoenas |
| (1) | For the purpose of performing the functions referred to in section 66 of the Act, a labour inspector may— |
| (a) | subpoena for questioning any person who may be able to give information or whose presence may help the inspector in performing the inspector's functions; |
| (b) | subpoena any person who is believed to have possession or control of any book, document or object relevant to an inspection or investigation to appear before the inspector to be questioned or to produce that book, document or object; |
| (c) | call, and if necessary subpoena, any expert to appear before the inspector to give evidence relevant to an inspection or investigation; |
| (d) | call any person present at an inspection or investigation who was or could have been subpoenaed for any purpose set out in these regulations, to be questioned about any matter relevant to an inspection or investigation; |
| (e) | administer an oath or accept an affirmation from any person called to give evidence or be questioned; |
| (f) | examine, demand the production of, and seize any book, document or object that is on or in those premises an that is relevant to an inspection or investigation; |
| (g) | take a statement in respect of any matter relevant to an inspection of investigation from any person on the premises who is willing to make a statement; and |
| (h) | inspect, and retain for a reasonable period, any of the books, documents, or objects that have been produced to, or seized by, the inspector. |
| (2) | A subpoena issued in terms of subregulation (1) must be made in the form of BCEA 8. |
| (3) | A subpoena issued for any purpose in terms of subregulation (1) must be signed by the Director General or a person authorised by the Director-General and must— |
| (a) | specifically require the person named in it to appear before the inspector; |
| (b) | sufficiently identify the book, document or object to be produced; and |
| (c) | State the date, time and place at which the person is to appear. |