Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Annexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)

Part H: General

36. How to have a subpoena issued and served
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(1) Any party who requires the Council or a Council arbitrator to subpoena a person in terms of section 142(1) of the Act, must file a completed prescribed form, requesting a subpoena together with a written substantiation setting out why the evidence of the person to be subpoenaed is necessary.

 

(2) A party requesting the Council to waive the requirement for the party to pay witness fees in terms of section 142(7)(c) for good cause shown must set out the reasons for the request in writing at the time of requesting the Council to issue a subpoena in respect of that witness. The Council's decision in relation to the request to waive the witness fee must be given in writing when issuing the subpoena.

 

(3)An application in terms of sub rule (1) must be filed with the Council at least 14 (fourteen) days before the arbitration hearing, or as directed by the Council arbitrator hearing the arbitration.

 

(4)The Council or a Council arbitrator may refuse to issue a subpoena if—
(a)the party does not establish why the evidence of the person is necessary;
(b)the party subpoenaed does not have a reasonable period in which to comply with the subpoena;
(c)the Council or a Council arbitrator is not satisfied that the party has made arrangements to pay the witness fees and the reasonable travel and subsistence costs of the person subpoenaed.

 

(5)A subpoena must be served at least 7 (seven) days before the scheduled date of the arbitration by the person who has requested the subpoena or by the sheriff.

 

(6)Service is effected in terms of this Rule by—
(a)handing a copy of the subpoena to the subpoenaed person;
(b)handing a copy of the subpoena to a person authorised in writing to accept service on behalf of the subpoenaed person; or
(c)leaving a copy of the subpoena at the subpoenaed person's place of residence or place of business or employment with a person who apparently is at least sixteen (16) years of age and is residing or employed there.

 

(7)The Council or a Council arbitrator may order service in a manner other than prescribed in this Rule.

 

(8)If directed by the Council, the subpoena must be accompanied by payment of the prescribed witness fees for 1 (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 and subsistence costs.