Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsImproper Conduct Enquiries Regulations, 20039. Absence of respondent |
| (1) | The presiding officer may, at the request of the prosecutor; determine that an enquiry or any part thereof may commence, be conducted or be continued in the absence of a respondent if the respondent was properly summoned to appear at the enquiry, and— |
| (a) | the respondent is represented by a legal practitioner who is duly authorised thereto by the respondent; |
| (b) | it is reasonable to assume from the information submitted to the presiding officer, or from the known circumstances, that the respondent is exercising, or is probably exercising, his or her right as contemplated in regulation 3(6)(b) not to be present at the enquiry or any part thereof; or |
| (c) | it is reasonable and fair in the circumstances, on the basis of information submitted to the presiding officer, to commence, conduct or continue with the enquiry in the absence of the respondent. |
| (2) | The presiding officer may at any time if the interests of justice so require, direct that an enquiry which has commenced, has been conducted or has continued in the absence of the respondent, be adjourned in order to give the respondent a reasonable opportunity to be present at the enquiry. |