Films and Publications Act, 1996 (Act No. 65 of 1996)RulesEnforcement Committee Rules, 2022Schedule 1Part 3 : Enforcement Committee ProceduresCase Management30. Evidence |
| (1) | The Enforcement Committee may give directions as to— |
| (a) | the provision by the parties of statements of agreed matters; |
| (b) | the issues on which it requires evidence, and the admission or exclusion from the proceedings of particular evidence; |
| (c) | the nature of the evidence which it requires to decide those issues; |
| (d) | whether the parties are permitted to provide expert evidence; |
| (e) | any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally; and |
| (f) | the way in which evidence is to be placed before the Enforcement Committee. |
| (2) | In deciding whether to admit or exclude evidence, the Enforcement Committee shall have regard to whether it would be just and proportionate to admit or exclude the evidence, including by reference to the following factors— |
| (a) | whether or not the substance of the evidence was available to the respondent before the disputed decision was taken; |
| (b) | where the substance of the evidence was not available to the respondent before the disputed decision was taken, the reason why the party seeking to adduce the evidence had not made it available to the respondent at that time; |
| (c) | the prejudice that may be suffered by one or more parties if the evidence is admitted or excluded; and |
| (d) | whether the evidence is necessary for the Enforcement Committee to determine the case. |
| (3) | Unless the Enforcement Committee otherwise directs, no witness of fact or expert witness may be heard unless the relevant witness statement or expert report has been submitted in advance of the hearing and in accordance with any directions of the Enforcement Committee. |
| (4) | The Enforcement Committee may require any witness to give evidence on oath or affirmation or if in writing by way of affidavit. |
| (5) | The Enforcement Committee may allow a witness to give evidence through a video link or by other means. |
| (6) | The Enforcement Committee may dispense with the need to call a witness to give oral evidence if a witness statement or expert report has been submitted in respect of that witness. |
| (7) | The Enforcement Committee may limit cross-examination of witnesses to any extent or in any manner it considers appropriate. |