Social Assistance Act, 2004 (Act No. 13 of 2004)Chapter 3 : Administration of Social Assistance23. Power of Agency to investigate |
| (1) | The Agency may, in the performance of its functions, inquire into any matter concerning the rendering of social assistance, and may for such purpose— |
| (a) | subpoena any person who can furnish information of material importance concerning the matter under investigation, or who is reasonably assumed to have under his or her control a book, document or thing that may have a bearing on the investigation, to appear within a reasonable period before it and to furnish such information or to produce such book, document or thing, as the case may be; |
| (b) | through its representative administer an oath to that person or cause that person to make an affirmation if that person was or could have been subpoenaed in terms of paragraph (a) and he or she is present at the enquiry; |
| (c) | through its representative cross-examine any person referred to in paragraph (b). |
| (2) | A subpoena to appear before the Agency must be in the prescribed form and must be served on the person by registered mail or in the manner in which it would have been served had it been a subpoena issued by the clerk of a magistrate’s court. |
| (3) | The rules with regard to privilege, which are applicable in the case of a person who has been subpoenaed to give evidence or to produce a book, document or thing before a court of law, apply in respect of the examination of a person and the production of a book, document or thing contemplated in subsection (1). |