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South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 7 : Conducting of Hearings

24. Nature of hearings

 

(1) A hearing is inquisitorial in nature and the Panel must conduct the hearing in a formal manner.

 

(2) Any party may, through the Chairperson of the Panel, put questions to any witness at the hearing.

 

(3) The Panel may at any stage of hearing, in addition to anything provided for in the Act—
(a) put any question to a witness;
(b) rephrase a question put to a witness by a person or a party;
(c) clarify any uncertainties in respect of any evidence given; and
(d) elicit information from any witness.

 

(4) The Panel before whom a person is summoned to appear or to whom a person is required to deliver any book, document or other object—
(a) may interrogate and administer an oath to or accept an affirmation from the person named in the summons;
(b) may retain any such book, document or other object for examination for a period not exceeding two months, or for such longer period as the Panel, on application and on good cause shown, may allow; and
(c) must inform a summoned person that he or she is not obliged to answer any question if the answer would be self-incriminating.