The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 5 : Enforcement of ActPart A : Powers in Support of Investigation56. Subpoena |
| (1) | At any time during an investigation, but prior to the issuing of a subpoena contemplated in subsection (2), an inspector or investigator must afford the person being investigated with an opportunity to participate in a voluntary inspection. |
| (2) | At any time during an investigation being conducted in terms of this Act, the Chief Executive Officer or any other Executive Officer, may— |
| (a) | issue a subpoena to any person who is believed to be able to furnish any information on the subject of the investigation, or to have possession or control of any book, document or other object that has a bearing on that subject— |
| (i) | to appear before the Regulator, an inspector or investigator, to be questioned at a time and place specified in the subpoena; or |
| (ii) | to deliver or produce to the Regulator, an inspector or investigator, any book, document or other object referred to in paragraph (a) at a time and place specified in the subpoena. |
| (3) | A subpoena contemplated in subsection (2)— |
| (a) | must be signed by the Chief Executive Officer, an Executive Officer or by an employee of the Regulator designated by the Chief Executive Officer; and |
| (b) | may be served in the same manner as a subpoena in a criminal case issued by the magistrate’s court. |
| (4) | An inspector or investigator before whom a person is summoned to appear, or to whom a person is required to deliver any book, document or other object, may— |
| (a) | interrogate and administer an oath to, or accept an affirmation from, the person named in the subpoena; and |
| (b) | retain any such book, document or other object for examination, for a period not exceeding two months, or such longer period as the Council, on application and good cause shown, may allow. |
| (5) | A person questioned by the Regulator or by an inspector or investigator conducting an investigation must answer each question truthfully and to the best of that person’s ability, but— |
| (a) | a person is not obliged to answer any question if the answer is self-incriminating; and |
| (b) | the person asking the questions must inform that person of the right set out in paragraph (a). |
| (6) | No self-incriminating answer given or statement made by any person to the Regulator, an inspector or investigator exercising powers in terms of this Act, will be admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 63(3) or 64(d), and then only to the extent that the answer or statement is relevant to prove the offence charged |