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Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Chapter 6 : Investigations and Hearings by Commission

33. Hearings of Commission to be open to public

 

(1)

(a) Subject to the provisions of this section, the hearings of the Commission shall be open to the public.
(b) If the Commission, in any proceedings before it, is satisfied that—
(i) it would be in the interest of justice; or
(ii) there is a likelihood that harm may ensue to any person as a result of the proceedings being open,

it may direct that such proceedings be held behind closed doors and that the public or any category thereof shall not be present at such proceedings or any part thereof: Provided that the Commission shall permit any victim who has an interest in the proceedings concerned, to be present.

(c) An application for proceedings to be held behind closed doors may be brought by a person referred to in paragraph (b) and such application shall be heard behind closed doors.
(d) The Commission may at any time review its decision with regard to the question whether or not the proceedings shall be held behind closed doors.

 

(2) Where the Commission under subsection (1) (b) on any grounds referred to in that subsection directs that the public or any category thereof shall not be present at any proceedings or part thereof, the Commission may, subject to the provisions of section 20(6)
(a) direct that no information relating to the proceedings, or any part thereof held behind closed doors, shall be made public in any manner;
(b) direct that no person may, in any manner, make public any information which may reveal the identity of any witness in the proceedings;
(c) give such directions in respect of the record of proceedings as may be necessary to protect the identity of any witness:

Provided that the Commission may authorize the publication of so much information as it considers would be just and equitable.

 

[Date of commencement of section 33: 10 April 1996]