| (1) |
A hearing of a Tribunal may be attended only by— |
| (b) |
the respondent's legal representative, if one has been appointed; |
| (c) |
any person who lodged a formal complaint against the respondent, if that complaint is related to the hearing; |
| (d) |
the legal representative of each person contemplated in paragraph (c); |
| (e) |
any person subpoenaed in terms of section 30, or called as a witness by the respondent, each of whom may attend— |
| (i) |
with or without a legal representative; and |
| (ii) |
only for the period that person is required by the Tribunal; |
| (f) |
any person contemplated in section 24(2), if that person's presence is required by the Tribunal; and |
| (g) |
any other person whose presence the Tribunal considers to be necessary or expedient. |
| (2) |
Subject to sections 32 and 33, a person may not disclose to any other person the contents of a book, document or other object in the possession of a Tribunal or the record of any evidence given before a Tribunal, except to the extent that the Tribunal President, in consultation with the Chief Justice, determines otherwise. |
(3)
| (a) |
Notwithstanding subsection (1), the Tribunal President may, if it is in the public interest and for the purposes of transparency, determine that all or any part of a hearing of a Tribunal must be held in public. |
| (b) |
A determination contemplated in paragraph (a) must be made in consultation with the Chief Justice. |
| (c) |
Subsection (2) does not apply if a determination is made under paragraph (a), but the Tribunal President may prohibit the publication of any information or document placed before the Tribunal if that publication is not in the public interest. |
[Section 29 inserted by section 9 of Act No. 20 of 2008]
Public Service Commission Act, 1997
