Expropriation Act, 1975 (Act No. 63 of 1975)RegulationsRegulations in terms of Section 25(1) of the Expropriation Act, 197529. Manner of securing the attendance of witnesses in cases in the Compensation Court and penalties for non-attendance |
| (1) | The provisions of Rule 38 of the Uniform Rules of Court, as amended from time to time, in regard to the obtaining and the giving of evidence at a hearing shall, mutatis mutandis, apply to the obtaining and the giving of evidence at the hearing of an application for the determination of compensation in a compensation court. |
| (2) | The compensation court may set aside any subpoena if it appears that the witness upon whom it has been served has not been given reasonable time to enable him to attend in obedience to the subpoena, or where it appears that the witness claimed but did not receive a sufficient travelling allowance, or where there are special circumstances which justify the setting aside of such subpoena. |
| (3) | Whenever any person subpoenaed to attend a case as a witness fails without reasonable excuse, to obey the subpoena, and it appears from the return of the officer who served the subpoena concerned or from evidence given under oath that the subpoena was served on the person to whom it was directed and that his reasonable expenses, calculated in accordance with the tariff framed under section 42 of the Supreme Court Act, 1959, have been paid or offered to him or that he is evading service of the subpoena, or if any person who has attended in obedience to a subpoena fails to remain in attendance, the compensation court in which the said proceedings are conducted may issue a warrant directing that he be arrested and brought before the compensation court at a time and place stated in the warrant or as soon thereafter as possible. |
| (4) | Any person arrested under any such warrant may be detained thereunder before the compensation court which issued it or in any prison or lock-up or other place of detention or in the custody of the person who is in charge of him with a view to securing his presence as a witness at the said proceedings: Provided that the compensation court may release him on recognizance with or without sureties for his appearance to give evidence as required. |
| (5) | A witness who evades the service of a subpoena or fails to obey the subpoena or to remain in attendance shall, unless it is proved that such person has a reasonable excuse for such evasion or failure, be guilty of an offence and upon conviction be liable to a fine not exceeding R200 or imprisonment for a period not exceeding six months. |
| (6) | If a person who has entered into any recognizance for his appearance to give evidence at such proceedings fails so to appear, the compensation court may declare his bail forfeit, and any such forfeiture shall have the effect of a judgment on the recognizance for the amounts therein specified against him and his sureties respectively, and in addition to such forfeiture, he may be dealt with as if he had failed to obey a subpoena to attend such proceedings. |