Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 5 : Inspectorate of Mine Health and Safety71. Duty of persons summoned or instructed |
| (1) | Subject to subsection (2), every person giving evidence at an inquiry must answer any relevant question. |
| (2) | The law regarding a witness's privilege in a court of law applies equally to any person being questioned at an inquiry. |
| (3) | The person presiding at an inquiry may direct that any evidence given by a person during an inquiry may not be used in any criminal or disciplinary proceedings against that person except in criminal proceedings on a charge of perjury against that person. |
[Section 71(3) substituted by section 24 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
| (4) | When a directive has been issued under subsection (3), the person involved is not entitled to refuse to answer any relevant question only on the grounds that the answer could expose that person to a criminal charge, disciplinary proceedings or a recommendation under section 55A. |
| (5) | A person instructed in terms of section 70(c) must comply with that instruction unless the person has sufficient cause for not doing so. |
[It is an offence to fail to attend an inquiry if required to do so, or to refuse to answer questions, or to give false evidence. See section 90.]