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Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)

10. Hearings of Special Tribunal to be open to public

 

(1) Subject to subsection (2), the hearings of a Special Tribunal shall be open to the public.

 

(2) If a Special Tribunal, in any proceedings before it, is satisfied that—
(a) it will be in the interest of justice; or
(b) 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 or any part thereof be held behind closed doors and that the public or any category thereof shall not be present at such proceedings or at any part thereof: Provided that any interested or affected person and his or her legal representative who has material interest in the proceedings concerned shall be entitled to remain present throughout the proceedings.

 

(3) An application for proceedings to be held behind closed doors may be brought by a person referred to in subsection (2)(b) and such application shall be heard behind closed doors.

 

(4) A Special Tribunal may at any time review a decision taken in terms of subsection (2).

 

(5) If a Special Tribunal directs under subsection (2)(b) that the public or any category thereof shall not be present at any proceedings or part thereof, the Tribunal may—
(a) direct that no information relating to the proceedings, or any part thereof, shall be published in any manner;
(b) direct that no person may, in any manner, publish any information which may reveal the identity of any witness or party in the proceedings;
(c) give such directions in respect of the records of the proceedings as may be necessary to protect the identity of any witness or party:

Provided that the Tribunal may authorise the publication of such information as it may deem just and equitable.