Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesSouth African Road Passenger Bargaining CouncilExtension to Non-Parties of the Main Collective AgreementAnnexuresAnnexure B : Dispute Resolution17. Issuing of a Subpoena |
| 17.1 | Any Party, who requires SARPBAC or a Commissioner to subpoena a person in terms of section 142(1) of the Act, must file a completed subpoena form, requesting a subpoena together with a written motivation setting out why the evidence of the person to be subpoenaed is necessary. |
| 17.2 | An application in terms of Clause 17(1) above must be lodged with SARPBAC at least ten (10) Days before the arbitration hearing, or as directed by the Commissioner hearing the arbitration. |
| 17.3 | SARPBAC or a Commissioner may refuse to issue a subpoena if:— |
| 17.3.1 | the Party does not establish why the evidence of the person is necessary or |
| 17.3.2 | the Party subpoenaed does not have a reasonable period in which to comply with the subpoena |
| 17.3.3 | SARPBAC or a Commissioner is not satisfied that the Party has made arrangements to pay the reasonable travel costs of the person subpoenaed |
| 17.4 | A subpoena must be served on the witness that is subpoenaed:— |
| 17.4.1 | by the person who has requested the subpoena or by the Sheriff at least seven (7) Days before the scheduled date of the arbitration and |
| 17.4.2 | if so directed by SARPBAC, accompanied by payment of the prescribed witness fees for one day in accordance with the tariff of allowances published by notice in the Gazette in terms of section 142(7) of the Act and the witnesses' reasonable travel costs |
| 17.4.3 | Clauses 17.3.3 and 17.4.2 above do not apply if SARPBAC in terms of section 142(7)(c) of the Act has waived the requirement for the Party to pay witness fees |