Competition Act, 1998 (Act No. 89 of 1998)Chapter 5 : Investigation and Adjudication ProceduresPart B : Powers of Search and Summons49A. Summons |
| (1) | At any time during an investigation in terms of this Act, the Commissioner may summon any person who is believed to be able to furnish any information on the subject of the investigation, or to have possession or control of any book, document or other object that has a bearing on that subject— |
| (a) | to appear before the Commissioner or a person authorised by the Commissioner, to be interrogated at a time and place specified in the summons; or |
| (b) | at a time and place specified in the summons, to deliver or produce to the Commissioner, or a person authorised by the Commissioner, any hook, document or other object specified in the summons. |
| (2) | A person questioned by an inspector conducting an investigation, or by the Commissioner or other person in terms of subsection (1), must answer each question truthfully and to the best of that person’s ability, but the person is not obliged to answer any question if the answer is self-incriminating. |
| (3) | No self-incriminating answer given or statement made to a person exercising any power in terms of this section is admissible as evidence against the person who gave the answer or made the statement in criminal proceedings, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 72 or section 73(2)(d), and then only to the extent that the answer or statement is relevant to prove the offence charged. |
[Section 49A substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]