Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunal Rules20. Subpoena of Witnesses |
| (1) | Any party desiring the attendance of any person to give evidence at a trial may issue out from the office of the Registrar, one or more subpoenas for that purpose, each of which shall contain the names of not more than four persons, and service thereof upon any person therein named shall be effected in the manner prescribed by Rule 5. |
| (2) | Any witness who has been required to produce any deed, document, writing or tape recording at the hearing shall physically hand it to the Registrar as soon as is reasonably possible. |
| (3) | Thereafter, the parties may inspect such deed, document, writing or tape recording and make copies or transcripts thereof, after which the witness would be entitled to its return. |
| (4) | The witnesses at the trial of any action shall be orally examined, but the Tribunal may at any time, for sufficient reason, order that all or any of the evidence to be adduced at any trial be given on affidavit or that the affidavit of any witness be read at the hearing, on such terms and conditions as to it may seem meet: Provided that where it appears to the Tribunal that any other party reasonably requires the attendance of a witness for cross-examination, and such witness can be produced, the evidence of such witness shall not be given on affidavit. |
| (5) | The Tribunal may, on application on notice in any matter where it appears convenient or necessary for the purposes of justice, make an order for taking the evidence of a witness before or during the trial, before a commissioner appointed by the Tribunal, and permit any party to any such matter to use such deposition in evidence on such terms, if any, as to it seems meet, and in particular may order that such evidence shall be taken only after the close of pleadings or only after the giving of discovery or the furnishing of any particulars in the action. |
| (6) | Where the evidence of any person is to be taken on commission before any commissioner within the Republic, such person may be subpoenaed to appear before such commissioner to give evidence as if at the trial. |
| (7) | Unless the Tribunal ordering the commission directs such examination to be by interrogatories and cross-interrogatories, the evidence of any witness to be examined before the commissioner in terms of an order granted under sub-rule (5), shall be adduced upon oral examination in the presence of the parties, their advocates or attorneys, and the witness concerned may be subject to cross-examination and re-examination. |