| (1) |
Subject to this Act, a councillor presiding at an inquiry conducted in terms of section 4B must determine the procedure at such inquiry. |
| (2) |
The Authority may, subject to section 4D and any other law governing privilege, for the purpose of an inquiry— |
| (a) |
through the person presiding at such inquiry, by notice in writing in the prescribed form, require from any person such particulars and information as may be reasonably necessary; |
| (b) |
by notice in writing in the prescribed form under the hand of a councillor, addressed and delivered by an authorised person or a sheriff to any person, require such person to— |
| (i) |
appear before it at the date, time and place specified in such notice; |
| (ii) |
make a statement; and |
| (iii) |
submit to it all the documents or objects in the possession or custody or under the control of any such person which may be reasonably necessary; and |
| (c) |
through the person presiding at such inquiry and after explaining applicable rights under the Constitution and this section, question any person referred to in paragraph (b) in connection with any matter which may be reasonably necessary. |
[Subsection (2) amended by section 5(a) of Act No. 2 of 2014]
| (3) |
The Authority may retain for a reasonable period for the purposes of this Act or the underlying statutes any document or object submitted to it. |
| (4) |
A person may have a legal representative or other adviser present when such person— |
| (a) |
makes an oral representation, contemplated in section 4B(2)(b), to the Authority; and |
| (b) |
appears before, makes a statement to and is questioned by the Authority as contemplated in subsection (2). |
| (5) |
The person presiding at an inquiry may, after hearing representations from any person present at and connected to the inquiry and having regard to— |
| (a) |
any reasonable apprehension of prejudice or harm to the person to be questioned; |
| (b) |
the rights of reply and rebuttal of any person whose rights may be adversely affected; and |
| (c) |
whether it is in the interest of the achievement of the objects of the inquiry, |
determine that any part of the inquiry be held behind closed doors and direct that the public or any class thereof may not be present.
| (6) |
The Authority must, within 90 days from the date of conclusion of the inquiry— |
| (a) |
make a finding on the subject matter of the inquiry; and |
| (b) |
publish in the Gazette— |
| (i) |
a summary of its finding; and |
| (ii) |
the details of the place where and the time when the finding and the reasons for the finding can be obtained by the public. |
[Subsection (6) amended by section 5(b) of Act No. 2 of 2014]
[Section 4C inserted by section 6 of Act No. 3 of 2006]
Public Service Commission Act, 1997
