National Ports Act, 2005 (Act No. 12 of 2005)NoticesDirectives in terms of Section 30(3) of the ActDirectivesChapter 3 : Hearings of the Regulator14. Subpoena of witnesses and production of evidence |
| (1) | If the Regulator, the Authority, a complainant or an appellant requires a witness who is likely to have knowledge or information that is relevant to the dispute that forms the subject of the hearing to attend any hearing to give evidence, they may request the chairperson of the hearing panel, if appointed at the time the request is made, or the Regulator to issue a subpoena for that purpose in the form attached as Form 3. |
| (2) | If a witness is required to produce in evidence any document or thing in the witness's possession, the subpoena must specify the document or thing to be produced. |
| (3) | After the summons has been issued, it must be served by the sheriff at the instance of the party that has requested the subpoena. |
| (4) | A witness who has been required to produce any document or thing at the proceedings must hand that document or thing over to the Regulator as soon as possible after service of the summons, unless the witness claims in writing to the Regulator that the document or thing is legally privileged. |
| (5) | If the witness claims that the document or thing is legally privileged, the witness must in writing: |
| (a) | Identify the document or thing; and |
| (b) | state by way of affidavit why the witness claims that the document or thing is legally privileged. |
| (6) | If the Regulator decides on the strength of the documents presented in subdirective (5) that such document or thing is legally privileged, the witness shall not be required to produce same. If the Regulator decides that such document or thing is not legally privileged, the witness shall be required to produce same within ten working days of such decision. |