Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)9. Procedure and evidence |
(1)
| (a) | Subject to this Act and the regulations, a Tribunal President may make rules to regulate the conduct of proceedings in such Special Tribunal, including the process by which proceedings are brought before the Special Tribunal, and the form and content of that process. |
| (b) | The Tribunal President may amend or repeal any rule made by him or her. |
| (c) | Any rule made, or amendment or repeal thereof by the Tribunal President must be published in the Gazette. |
| (2) | The Tribunal President may from time to time— |
| (a) | from among the members appointed to the Special Tribunal designate a member or members to adjudicate upon any matter before the Tribunal:Provided that if he or she will not himself or herself be presiding over a sitting of the Tribunal, the member presiding at such sitting must be a judge; |
| (b) | determine the location or locations for the holding of sittings by the Tribunal. |
| (3) | A Special Tribunal may, in consultation with the parties appearing before it, take any steps in relation to the hearing of a matter before it which may lead to the expeditious and cost-saving disposal of the matter, including the abandonment of the application of any rule of evidence. |
| (4) | Evidence to prove or disprove any fact in issue may be adduced in writing or orally, but the Special Tribunal may order that evidence must be adduced orally if it deems it necessary in the interest of justice. |
| (5) | No person shall testify before, or be questioned by, a Special Tribunal unless the oath or affirmation which is usually administered or accepted in a court of law, has been administered to or accepted from such person by the Special Tribunal or, if evidence is to be given by such person through an interpreter, by the Special Tribunal through the interpreter. |
| (6) | A Special Tribunal must cause a record of its proceedings to be kept. |
| (7) | The process of a Special Tribunal shall run throughout the Republic, and its judgements and orders shall, subject to the rules, be executed in any area in like manner as if they were judgements or orders of the division of the Supreme Court having jurisdiction in such area. |