Basic Conditions of Employment Act, 1997
R 385
Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsRules regulating Procedures before Judicial Conduct Tribunals, 20126. Subpoena of witnesses |
| (1) | A subpoena in terms of section 30 of the Act must correspond substantially with Form 3 of the Annexure. |
| (2) | A subpoena must be signed by the Tribunal President and must— |
| (a) | specifically require the person named in it to appear before the Tribunal; |
| (b) | state the date, time and place when and at which the person must appear; |
| (c) | state the reason why such person must appear before the Tribunal; and |
| (d) | sufficiently identify any book, document, statement or object to be produced by that person. |
| (3) | If the Tribunal, evidence leader or respondent wishes to have a witness subpoenaed, the Secretary of the Commission must, not later than 21 days before the hearing, be requested to issue a subpoena, and the Secretary of the Commission must, subject to subrule (2), forthwith issue the subpoena and, unless otherwise directed by the Tribunal President, address it to the sheriff for service. |
| (4) | Service of a subpoena must be effected by the sheriff in the manner prescribed by law for the service of process in terms of the Supreme Court Act, 1959 (Act No. 59 of 1959), or such other manner as the Tribunal President may consider suitable in the circumstances. |
| (5) | A subpoena must be served on a person at least 14 days before the date on which that person is required to appear before the Tribunal. |
