| 11.1.1 |
Whenever an accident occurs-- |
| a) |
at an explosives factory, resulting in injury to a person or damage to property; |
| b) |
at an explosives magazine; |
| c) |
in any tunnel, quarry or excavation in which explosives have been or are being used in terms of these regulations, resulting in injury to a person or damage to property; |
| d) |
in connection with any mode of transport for explosives; |
| e) |
by fire or explosion in or about any premises occupied by a dealer in explosives (including fireworks); |
| f) |
as a result of the use of explosives (including fireworks); |
| g) |
in connection with the ignition or detonation of explosives at any other place subject to these regulations, |
the person in official charge at the factory, magazine, tunnel, quarry or excavation, the owner or person officially in charge of the transport, the owner or manager of the premises, or the person using the explosives, as the case may be, shall forthwith give notice thereof in writing, and also by telegraph or telephone, to the Chief Inspector of Explosives, stating full particulars of such accident.
| 11.1.2 |
Whether injury to persons or damage to property is caused or not, every accident or occurrence in connection with the accidental ignition or detonation of explosives or their ingredients, the fracture or failure of any essential part of any machinery whereby the safety of persons may be endangered, extensive caving in or subsidence in the ground or works and the failure of any mode of transport used for explosives, shall be reported immediately to the Chief Inspector of Explosives. |
| 11.1.3 |
Whenever an accident occurs in connection with the accidental ignition or detonation of explosives or their ingredients, or as a result of the use of explosives and in any other accident reportable under these regulations, which causes death or grievous bodily harm to any person, the place where the accident occurred shall not be disturbed or altered before the arrival or without the consent of an inspector, unless such interference is unavoidable to prevent further accidents, to remove the dead or injured, or to rescue persons from danger. |
| 11.1.4 |
When injury results in the death of the injured person after the official report has been forwarded, the person who is officially in charge shall give notice thereof to the Chief Inspector of Explosives. |
| 11.2.1 |
An inspector may at his discretion conduct an inquiry into any incident. |
| 11.2.2 |
For the purposes of an inquiry referred to in regulation 11.2.1 an inspector may by notice in writing summon any person to appear before him on a day and at a place specified in the notice and to give evidence or to produce a book, document or thing which in the opinion of the inspector has a bearing on the subject of the inquiry. |
| 11.2.3 |
The inspector may call any person present at the place where the inquiry is conducted to appear before him, irrespective of whether or not such person was summoned under regulation 11.2.2, and may-- |
| a) |
examine such person or cause such person to be examined by any other person; |
| b) |
require such person to produce a book, document or thing specified in the summons or which he may have with him; |
| c) |
retain for a reasonable period any book, document or thing produced by such person or seize it if in his opinion it may serve as evidence at the trail of any person charged with any offence under the Act, these regulations or the common law. |
| 11.2.4 |
Whenever at an inquiry evidence is given from which it may reasonably be presumed that a person has committed an offence in connection with the incident which is being inquired into, or in any manner whatsoever may be held responsible for the said incident, such person may-- |
| a) |
cross-examine any person who at such inquiry has given evidence or produced a book, document or thing, or cause such person to be cross-examined by his legal representative; |
| b) |
request the inspector to summon a person required by him as a witness at the inquiry to give evidence or to produce a book, document or thing. |
| 11.2.5 |
Upon receiving a request referred to in regulation 11.2.4(b) the inspector shall summon that person in accordance with regulation 11.2.2 to appear before him or to give evidence or to produce the book, document or thing in question: Provided that if in the inspector’s opinion it is not necessary for the said person to give evidence or to produce such book, document or thing, he shall not summon that person unless the person who made the request deposits with the inspector an amount adequate to cover any witness fees which the State has to pay to the said person in terms of regulation 11.2.8. |
| 11.2.6 |
Whenever the inspector deems necessary, he may direct any person to give his evidence on oath or affirmation, and the inspector may administer the oath to, or accept an affirmation from, such person. |
| 11.2.7 |
The law relating to privilege as applicable to a person summoned to give evidence or to produce a document or thing before a court of law shall be applicable in connection with the examination or the production of a book, document or thing by any person for the purposes of an inquiry under this section. |
| 11.2.8 |
Any person summoned to appear before an inspector shall be entitled to receive as witness fees, from moneys appropriated by Parliament for the purpose, an amount equal to the amount which he would have received as witness fees had he been summoned to attend criminal proceedings in a magistrate’s court held at the place specified in the summons. |
| 11.2.9 |
The examination of a witness at an inquiry shall take place in public unless the inspector other-wise directs. |
| 11.2.10 |
The evidence given at any inquiry under this section shall be recorded and shall be submitted in writing by the inspector with his report to the Chief Inspector and in the case of an incident in which or in consequence of which any person died or was seriously injured or became seriously ill, the inspector shall submit a copy of the said evidence and report to the Attorney-General within whose area of jurisdiction such incident occurred. |
| 11.2.11 |
Notwithstanding anything to the contrary con-tamed in any law the report referred to in regulation 11.2.10 or a copy thereof shall not be disclosed for purposes of any judicial proceedings. |
| 11.2.12 |
An inquiry under this section may at any stage be continued by an inspector other than the inspector before whom the proceedings commenced, and may again be continued by the inspector before whom the proceedings commenced. |
| 11.3.1 |
The provisions of regulations 11.2.1 to 11.2.12 shall not affect the provisions of any law requiring and regulating judicial inquests or other inquiries in case of death resulting from other than natural causes, and in respect of each incident referred to in those regulations in which or in consequence of which any person has died there shall be held, in addition to an inquiry under those regulations, such judicial inquest or inquiry as is required by any such law: Provided that an inquiry under the said regulations and a judicial inquest held by a magistrate under the Inquests Act, 1959 (Act 58 of 1959), may be held jointly. |
| 11.3.2 |
At such a joint inquiry and inquest the magistrate shall preside and the provisions of the Inquests Act, 1959, shall apply in such case but the inspector and the magistrate shall each make the report required of them by regulation 11.2.10 and that Act, respectively. |
Penalty
| 11.4 |
Any person who by any act or omission commits a breach of the regulations of this chapter shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rand (R500) or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. |
Public Service Commission Act, 1997
