Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Civil Engineering IndustryBCCEI: Dispute Resolution Collective AgreementExtension of Dispute Resolution Collective Agreement to Non-partiesAnnexure A : Rules for the conduct of Dispute Resolution proceedings before the Bargaining Council for the Civil Engineering Industry (BCCEI)Chapter Five : Rules that apply to conciliations, arbitrations and other proceedings31. Subpoenas |
| (1) | A commissioner who has been appointed to resolve a dispute may, in terms of section 142(1) of the Act, subpoena any person, including an expert, whose evidence is required to testify and/or to produce any relevant document(s) or other relevant evidence during any proceedings. |
| (2) | A party who required the Council or commissioner to subpoena a person in terms of section 142(1) of the Act must file a completed LRA Form 7.16, together with a written motivation, setting out why the evidence of the person to be subpoenaed is necessary, as well as proof of payment of the witness fees. |
| (3) | A party requesting the Council to waive the requirement of paying witness fees in terms of section 142(7)(c) of the Act must set out the reasons for the request in writing at the time of requesting the subpoena. The Council's decision to waive or not waive the witness fees must be provided in writing to the part y who requested the waiver before the subpoena is served on the person to be subpoenaed. |
| (4) | An application in terms of sub-rule (1) must be filed with the Council at least fourteen (14) days prior to the scheduled date of the proceedings, or as directed by the Commissioner seized with the matter. |
| (5) | The Council must refuse to issue a subpoena if— |
| (a) | the party requesting the subpoena does not establish why the evidence of the person is necessary; |
| (b) | the witness who is being subpoenaed does or will not receive the subpoena at least seven (7) days prior to the scheduled date of the proceedings; |
| (c) | not satisfied that the party requesting the subpoena has paid the prescribed witness fees and reasonable travel costs and subsistence expenses of the person subpoenaed, unless the witness fees has been waived by the Council in terms of sub-rule (2). |
| (6) | A subpoena must be served on the witness— |
| (a) | by the person who has requested the issuing of the subpoena or by the Sheriff at least seven (7) days prior to the scheduled date of the proceedings; and |
| (b) | must be accompanied by proof of payment of the prescribed witness fees for at least one day. |
| (7) | Sub-rules (5)(c) and (6)(b) do not apply if the Council, in terms of section 142(7)(c), has waived the requirement to pay witness fees. |