Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

Regulations

Improper Conduct Enquiries Regulations, 2003

8. Witnesses and related matters
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(1) The director may, under his or her signature, summon any person to appear at an enquiry, at a date, time and place referred to in the summons, to give evidence and to produce at the enquiry any document referred to in the summons, which may be relevant to the enquiry and which is, or presumably is, in the possession of the person in question.

 

(2) A summons referred to in subregulation (1) is in the form that the director determines from time to time.

 

(3) A respondent who wishes a person to be summoned to present evidence at an enquiry must, with the written permission of a presiding officer, draft, sign and serve a summons, accompanied by the written permission in question, substantially in the form that the director determines from time to time, on such person.

 

(4) The presiding officer may—
(a) direct any person present at an enquiry who, in the opinion of the presiding officer, may be able to give evidence relevant to the enquiry, to give such evidence and to produce any document which may be relevant to the enquiry, and which is or presumably is, in the possession of such person; and
(b) issue a summons in the form contemplated in subregulation (2) in respect of a person who is not present at an enquiry and who, in the opinion of the presiding officer, may be able to give evidence relevant to the enquiry, to attend the enquiry, give evidence at the enquiry, and to produce any document which may be relevant to the enquiry which is, or presumably is, in the possession of such person, at the enquiry.

 

(5) A directive of the presiding officer as referred to in subregulation (4)(a), has for all the purposes of these regulations the effect of a summons contemplated in subregulation (4)(b).

 

(6) The presiding officer may at the adjournment of an enquiry direct any person attending the enquiry as a witness and who has to be present when the enquiry resumes, to be present at the enquiry at a date, time and place determined by the presiding officer, and such directive has for all the purposes of these regulations the effect of a summons contemplated in subregulation (4)(b).

 

(7) Subject to the provisions of these regulations and the Code of Conduct, evidence by witnesses at an enquiry must be given orally under oath or affirmation, administered by the presiding officer.