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Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

13K. Summonses


(1) At any time during an investigation being conducted by the Commission, the Commission may issue a summons 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—
(a) to appear before the Commission to be questioned at a time and place specified in the summons; or
(b) to deliver or produce to the Commission any book, document or other object referred to in paragraph (a) at a time and place specified in the summons.


(2) A summons contemplated in subsection (1)—
(a) must be signed by the Commissioner or by an employee of the Commission designated by the Commissioner; and
(b) may be served in the same manner as a subpoena in a criminal case issued by a magistrates’ court.


(3) If a person is summoned to appear before the Commission, or is required to deliver any book, document or other object to the Commission, the Commissioner or an employee of the Commission designated by the Commissioner—
(a) may interrogate and administer an oath to, or accept an affirmation from, the person named in the summons; and
(b) may retain any such book, document or other object for examination for a period not exceeding two months or such longer period as the court on good cause shown, may allow.


(4) A person questioned by the Commission must answer each question truthfully and to the best of that person’s ability, but—
(a) 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).


(5) No self-incriminating answer given or statement made by any person to the Commission 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 relating to the disclosure of false information, and then only to the extent that the answer or statement is relevant to prove the offence charged.


[Section 13K inserted by section 8 of Act No. 46 of 2013]