Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)Chapter 6 : Investigations and Hearings by Commission29. Powers of Commission with regard to investigations and hearings |
| (1) | The Commission may for the purposes of or in connection with the conduct of an investigation or the holding of a hearing, as the case may be— |
| (a) | at any time before the commencement or in the course of such investigation or hearing conduct an inspection in loco; |
| (b) | by notice in writing call upon any person who is in possession of or has the custody of or control over any article or other thing which in the opinion of the Commission is relevant to the subject matter of the investigation or hearing to produce such article or thing to the Commission, and the Commission may inspect and, subject to subsection (3), retain any article or other thing so produced for a reasonable time; |
| (c) | by notice in writing call upon any person to appear before the Commission and to give evidence or to answer questions relevant to the subject matter of the investigation or the hearing; |
[Subsection (1)(c) substituted by section 24(a) of Act No. 104 of 1996]
| (d) | in accordance with section 32 seize any article or thing referred to in paragraph (b) which is relevant to the subject matter of the investigation or hearing. |
| (2) | A notice referred to in subsection (1) shall specify the time when and the place where the person to whom it is directed shall appear, shall be signed by a commissioner, shall be served by a member of the staff of the Commission or by a sheriff, by delivering a copy thereof to the person concerned or by leaving it at such person's last known place of residence or business, and shall specify the reason why the article is to be produced or the evidence is to be given. |
| (3) | If the Commission is of the opinion that the production of any article in the possession or custody or under the control of the State, any department of State, the Auditor-General or any Attorney-General may adversely affect any intended or pending judicial proceedings or the conduct of any investigation carried out with a view to the institution of judicial proceedings, the Commission shall take steps aimed at the prevention of any undue delay in or the disruption of such investigation or proceedings. |
| (4) | The Commission may require any person who in compliance with a requirement in terms of this section appears before it, to take the oath or to make an affirmation and may through the Chairperson or any member of the staff of the Commission administer the oath to or accept an affirmation from such person. |
| (5) | No person other than a commissioner, a member of the staff of the Commission or any person required to produce any article or to give evidence shall be entitled or be permitted to attend any investigation conducted in terms of this section, and the Commission may, having due regard to the principles of openness and transparency, declare that any article produced or information furnished at such investigation shall not be made public until the Commission determines otherwise or, in the absence of such a determination, until the article is produced or the information is furnished at a hearing in terms of this Act, or at any proceedings in any court of law. |
[Subsection (5) substituted by section 20 of Act No. 34 of 1998]
[Date of commencement of section 29: 10 April 1996]