Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996)RulesLabour Tenancy Arbitration Rules12. The hearing: Witnesses |
| (1) | The applicant presents evidence first, unless in the circumstances of the case, the law is that the respondent starts. |
| (2) | Before a witness gives evidence he or she must swear or affirm that he or she will testify truthfully. |
| (3) | The oath or affirmation must be administered by the arbitrator. |
| (4) | The wording of the oath is set out in Schedule 2 to these rules. |
| (5) |
| (a) | The party who asks a witness to give evidence questions (leads) that witness first. |
| (b) | Then the other parties may question (cross-examine) the witness. |
| (c) | Then the party mentioned in paragraph (a) may question (re-examine) the witness again. |
| (d) | The arbitrator may question the witness at any time, but preferably after the questioning mentioned in paragraph (c). |
| (e) | All the parties may question (cross-examine) a witness called by the arbitrator on his or her own initiative. |
| (6) | The arbitrator may stop any evidence or questioning that is irrelevant or repetitive. |
| (7) | The witnesses give oral evidence, unless the arbitrator allows evidence in affidavit form. He or she may only allow affidavit evidence if this is fair to all the parties. |
| (8) |
| (a) | Any witness who is not a party in a case — |
| (i) | may not be in the room where the hearing is taking place until he or she is required to give evidence; and |
| (ii) | must wait near the room until he or she gives evidence and then wait until he or she is excused by the arbitrator. |
| (b) | The arbitrator may allow exceptions to this rule for good reason. |