International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart E – Powers of investigative search and inspections39. Summons |
| (1) | The Chief Commissioner may— |
| (a) | direct the Commission, a committee or an investigating officer to question any person under oath or affirmation; or |
| (b) | give directions prohibiting or restricting the publication of any evidence given to the Commission. |
| (2) | The Chief Commissioner may, at any time during an investigation in terms of this Act, summon any person who can furnish any information on the subject of the investigation, or who has possession or control of any book, document or other object that has a bearing on that subject to— |
| (a) | appear before the Chief Commissioner, the Commission, a committee or a person authorised by the Chief Commissioner to be questioned; or |
| (b) | deliver or produce any book, document or other object referred to in the summons, to the Chief Commissioner, the Commission, a committee or a person authorised by the Chief Commissioner, at a time and place specified in the summons. |
| (3) | The Commission or a committee may— |
| (a) | accept oral submissions from any person; |
| (b) | accept as evidence any relevant oral testimony, document or other thing, whether or not— |
| (i) | it is given or proven under oath or affirmation; or |
| (ii) | would be admissible as evidence in court; or |
| (c) | refuse to accept any oral testimony, document or other thing that is unduly repetitious. |
| (4) | When the Commission or a committee hears oral testimony in terms of subsection (3), the Commission or committee— |
| (a) | evidence given, in the prescribed manner and form; and |
| (b) | must, after the witness has complied, disregard the oral testimony of that witness and consider only the written statement of evidence of the witness. |