Housing Development Agency Act, 2008
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 16 : Boards of Inquiry101. Convening boards of inquiry |
| 1) | The Minister, the Secretary for Defence or the Chief of the Defence Force may, at any time or place, convene a board of inquiry to inquire into any matter concerning the Department, any employee thereof or any member of the Defence Force or any auxiliary service, any public property or the property or affairs of any institution or any regimental or sports funds of the said Force, and to report thereon or to make a recommendation. |
| 2) | Despite subsection (1), a Chief of a Service or Division may at any time and place convene a board of inquiry to inquire into any matter concerning that Service or Division, as the case may be, or any member or employee, any public property, the property or affairs of any institution or any regimental or sports fund of the said Service or Division, and to report or to make a recommendation thereon. |
| 3) |
| a) | A Chief of a Service or Division may, subject to such conditions as he or she may impose, in writing delegate any power conferred upon him or her in terms of subsection (2) to any member or employee in his or her Service or Division, as the case may be. |
| b) | A delegation in terms of paragraph (a) does not prevent the Chief concerned from exercising the power in question himself or herself. |
| 4) | A board of inquiry must be convened by means of a written convening order and must consist of so many persons who are in the employ of the Department of Defence as the person convening the board may determine, but where a board is convened by a military officer it must consist of at least one officer and as many warrant officers, non-commissioned officers or civilians who are in the employ of the Department of Defence as the officer convening the board may determine. |
| 5) | Any reference to the president of a board of inquiry must, when a board consists of one person, be construed as a reference to such person. |
| 6) | The convening order must— |
| a) | designate a person serving on the board as president; |
| b) | set forth the number, rank or identity number, as the case may be, and the full names of every member and any secretary to the board; |
| c) | set forth clearly and specifically the terms of reference of the board of inquiry; and |
| d) | indicate when the board is required to report on the findings and recommendations with regard to the matter referred to it for investigation. |
| 7) | Where any matter to be investigated by a board of inquiry is of a secret or confidential nature, the convening order must state that fact and that the terms of reference will be communicated to the president personally in writing. |
| 8) | The person convening a board of inquiry may appoint a person as secretary to the board, and such secretary must perform the duties, including the leading of the evidence heard by the board, that the president of the board may require him or her to perform. |
| 9) | Every board of inquiry may be conducted in private and each president of a board of inquiry must determine— |
| a) | the time and place of every meeting of the board; |
| b) | the witnesses to be called by the board; and |
| c) | the order in which witnesses are to be called. |
| 10) |
| a) | The report of a board of inquiry must be dated and signed by every member of the board and submitted without delay, together with the record of proceedings, to the officer who convened the board. |
| b) | Where any member of the board of inquiry disagrees with the report, or any finding, conclusion or view expressed by any other member or members on any matter, he or she may as part of the report furnish his or her own report or express his or her own finding, conclusion or view in relation to that matter. |
