Manpower Training Act, 1981 (Act No. 56 of 1981)Chapter 1 : National Training Board, Committees and Related Matters5. Investigations by board |
| 1) | Subject to the provisions of this section and with a view to the effective performance of the functions of the board- |
| a) | the board or any member of the board may at any reasonable time enter upon or enter any premises or place where training is provided in terms of section 31, 32, 34, 36 or 37, for the purpose of acquiring information which the board desires to obtain for the purposes of or in connection with any investigation or research being conducted or done by it in terms of this Act, and the owner or occupier of any such premises or place, and every person in his employment, shall at all times furnish such reasonable facilities as may be necessary in order to enable the board or such member to enter upon such premises or enter such place, and shall so furnish all reasonably requested information; |
| b) | the board may by notice summon any person who in its opinion may be able to furnish it with any relevant information regarding any matter which is being investigated, or who it suspects has any book, document or thing relating to the matter which is being investigated in his possession or custody or under his control, to appear as a witness before the board at the time and the place specified in the notice, to be questioned or to produce such book, document or thing: Provided that in the event of his convincing the board that there are reasonable grounds to believe that any other person is capable of furnishing the board with such information or of producing such book, document or thing in his possession or custody or under his control, the board shall, where the identity of such other person is known, so summon that person as a witness. |
| 2) | A notice referred to in subsection (1)(b) shall be signed by the chairman or the vice-chairman of the board or by an officer authorised thereto by the chairman, and shall be served in the prescribed manner on any witness. |
| 3) | At proceedings contemplated in subsection (1)(b) the chairman, the vicechairman or any other member of the board present may - |
| a) | administer an oath to or accept an affirmation from any person summoned as a witness, or any other person who is present and who is willing to give evidence; and |
| b) | thereafter put any reasonable question to him. |
| 4) |
| a) | Any person who has been summoned under subsection (1)(b) as a witness and who without sufficient cause fails to attend at the appointed time and place, shall be guilty of an offence. |
| b) | Any person to whom an oath has been administered or from whom an affirmation has been taken under subsection (3)(a) and who refuses or fails to answer fully and satisfactorily to the best of his knowledge and belief all lawful and reasonable questions put to him, or to produce any book, document or thing in his possession or custody or under his control when lawfully required to do so, or who fails to remain in attendance until excused from further attendance by the board, shall be guilty of an offence: Provided that in connection with the questioning of any such person or the production of any such book, document or thing, the rules of law relating to privilege as applicable to a witness subpoenaed to give evidence or to produce any book, document or thing before a court of law, shall apply. |
| 5) | The questioning of any witness by the board shall be conducted in private, unless the board decides otherwise: Provided that at the request of any witness the questioning of that witness shall be conducted in private: Provided further that the board may in its discretion and with the consent of the witness authorize the presence of any specified person at the questioning of that witness. |
| 6) | Any person summoned to appear before the board may, if the board is satisfied that he has by reason of his appearance suffered any pecuniary loss or has been put to any expense, be paid from moneys appropriated by Parliament such allowances as the Minister may with the concurrence of the Minister of Finance from time to time determine or the amount of such loss and expense, whichever is the lesser: Provided that if the person summoned is in the full-time employment of the State, the allowances or the amount payable to him shall be determined in accordance with the laws governing his employment. |
| 7) | Any person who wilfully hinders the board or a committee, or a member of the board or a committee, in the exercise of any power or performance of any function conferred or entrusted by or under this section, shall be guilty of an offence. |