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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 11 : Exemptions from, and Deferment of, Training and Service

69. Offences by witnesses summoned or subpoenaed by board

 

1) A person is guilty of an offence if, after having been summoned to attend and give evidence or to produce any book, document or object before a board, he or she, without sufficient cause, fails to—
a) attend at the time and place specified in the summons;
b) remain in attendance until the conclusion of the enquiry or until he or she is excused by the Chairperson of the board from further attendance; or
c) produce any book, document or object in his or her possession or custody or under his or her control, which he or she has been summoned to produce.

 

2) A person is guilty of an offence if he or she, after having been summoned to attend and give evidence before a board, attends but—
a) refuses to be sworn or to make an affirmation as a witness after he or she has been required by the Chairperson of the board to do so; or
b) after having been sworn or having made an affirmation, fails to answer fully and satisfactorily any question lawfully put to him or her.

 

3) Any person convicted of an offence in terms of subsection (1) or (2), is liable to a fine or to imprisonment for a period not exceeding three months.

 

4) Any person who after having been sworn or having made an affirmation, gives false evidence before a board on any matter, knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to any penalty which may be imposed on a person convicted of perjury.