Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)5. Powers of Special Investigating Unit |
| (1) | Subject to this Act and the regulations, the Head of a Special Investigating Unit may determine the procedure to be followed in conducting an investigation. |
| (2) | For the performance of the functions referred to in section 4, a Special Investigating Unit may— |
| (a) | through a member require from any person such particulars and information as may be reasonably necessary; |
| (b) | order any person by notice in writing under the hand of the Head of the Special Investigating Unit or a member delegated thereto by him or her, addressed and delivered by a member, a police officer or a sheriff, to appear before it at a time and place specified in the notice and to produce to it specified books, documents or objects in the possession or custody or under the control of any such person: Provided that the notice shall contain the reasons why such person's presence is needed; |
| (c) | through a member of the Special Investigating Unit, administer an oath to or accept an affirmation from any person referred to in paragraph (b), or any person present at the place referred to in paragraph (b), irrespective of whether or not such person has been required under the said paragraph to appear before it, and question him or her under oath or affirmation. |
(3)
| (a) | The law regarding privilege as applicable to a witness subpoenaed to give evidence in a criminal case in a court of law shall apply in relation to the questioning of a person in terms of subsection (2): Provided that a person who refuses to answer any question on the ground that the answer would tend to expose him or her to a criminal charge, may be compelled to answer such question. |
| (b) | No evidence regarding any questions and answers contemplated in the proviso to paragraph (a), shall be admissible in any criminal proceedings, except in criminal proceedings where such person stands trial on a charge of perjury or on a charge contemplated in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955). |
| (4) | Any person appearing before a Special Investigating Unit by virtue of subsection (2)(b) and (c), may be assisted at such examination by a legal representative. |
| (5) | A Special Investigating Unit may institute civil proceedings in a Special Tribunal if, arising from its investigation, it has obtained evidence substantiating any allegation contemplated in section 2(2). |
| (6) |
| (a) | Upon the establishment of a Special Investigating Unit the Head of such Unit must provide the Public Protector with a copy of the proclamation referred to in section 2(l). |
| (b) | The Head of a Special Investigating Unit may refer any matter which, in his or her opinion, could best be dealt with by the Public Protector, to the Public Protector and the Public Protector may, if he or she deems it appropriate, refer any matter which comes to his or her attention and which falls within the terms of reference of a Special Investigating Unit, to such Unit. |
| (7) | If, during the course of an investigation, any matter comes to the attention of the Head of the Special Investigating Unit which, in his or her opinion, justifies the institution of legal proceedings by a State institution against any person, he or she may bring such matter to the attention of the state attorney or the institution concerned, as the case may be. |
| (8) |
| (a) | The Head of a Special Investigating Unit may issue a suspension order or interdict if he or she has reasonable grounds to believe that any delay which may occur if an application for such order or interdict is made to a Special Tribunal, may cause serious and irreparable harm to the interests of the public. |
| (b) | Any suspension order or interdict issued under paragraph (a) must be confirmed by the Special Tribunal concerned within 48 hours after it has been issued or within such extended period as may be granted by the Special Tribunal, and shall lapse failing such confirmation. |
| (c) | Any affected party— |
| (i) | must as soon as practicable be informed of; and |
| (ii) | may at any time apply to the Special Tribunal concerned for the setting aside of, a suspension order or interdict issued under paragraph (a). |