| (a) | The Director-General may subpoena any person who in his opinion is able to give information concerning the subject of any injury in terms of this Act, or who is suspected to have or in the opinion of the Director-General has in his possession or custody or under his control any book, document or thing which has a bearing on the inquiry, to appear before him at a time and place specified in the subpoena, to be interrogated or to produce such book, document or thing, and the Director-General may retain such book, document or thing for further investigation. |
| (b) | An inquiry referred to in paragraph (a) shall take place m public unless the Director-General orders otherwise. |
| (2) | The Director-General may call and administer an oath to, or accept an affirmation from, any person present at such an inquiry who was or could have been subpoenaed in terms of subsection (1), and the Director-General or an assessor may interrogate such person and order him to produce any book, document or thing in his possession or custody or under his control. |
| (a) | has been duly subpoenaed under subsection (1) and who fails without sufficient cause to attend at the time and place specified in the subpoena; |
| (b) | has been duly subpoenaed under subsection (1) or called under subsection (2) and who— |
| (i) | fails to remain in attendance until excused by the Director-General from further attendance; |
| (ii) | refuses to be sworn as a witness or to make an affirmation; |
| (iii) | refuses or fails to answer fully and satisfactorily any question lawfully put to him under subsection 2; |
| (iv) | refuses or fails to produce any book, document or thing in his possession or custody or under his control which he has been required to produce under subsection (1) or (2); |
| (c) | hinders or obstructs the Director-General in the performance of any of his functions in terms of this section, |
shall be guilty of an offence.
| (4) | A person who, after having been sworn as a witness or having made an affirmation, makes a false statement knowing it to be false, shall be guilty of an offence and shall upon conviction be liable to the penalty that may be imposed for perjury. |
| (5) | The law relating to privilege as applicable to a witness testifying in a court of law shall be applicable at an inquiry referred to in subsection (1). |
| (6) | If a person has been subpoenaed to appear before the Director-General and the Director-General is satisfied that such person has as a result of his appearance suffered any pecuniary loss or had to incur expense, the Director-General may pay out of the compensation fund the prescribed allowances or the amount of the loss or expense, whichever is the lesser. |
| (7) | The Director-General may delegate any of his functions under this section to an assessor, an officer or employee referred to in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984), or a medical practitioner, and in this section "Director-General" includes any such assessor, officer, employee or medical practitioner while acting within the scope of such delegation. |
