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Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA

Part Eight : General

37. How to have a subpoena issued

 

 

(1) Any party who requires the Commission or a commissioner to subpoena a person in terms of section 142(1) of the Act, must file a completed LRA Form 7.16 together with a written motivation setting out why the evidence of the person to be subpoenaed is necessary.

 

(2) A party requesting the Commission to waive the requirement for the party to pay witness fees in terms of section 142(7)(c) must set out the reasons for the request in writing at the time of requesting the Commission to issue a subpoena in respect of that witness. The Commission's decision must be made in writing and delivered when issuing the subpoena.

 

(3) An application in terms of sub-rule (1) must be filed with the Commission at least fourteen (14) days prior to the arbitration hearing, or as directed by the commissioner hearing the arbitration.

 

(4) The Commission may refuse to issue a subpoena if —
(a) the party does not establish why the evidence of the person is necessary;
(b) the party subpoenaed does not have seven (7) days in which to comply with the subpoena;
(c) not satisfied that the party requesting the subpoena has paid the prescribed witness fees and, reasonable travel costs and subsistence expenses of the person subpoenaed.

 

(5) A subpoena must be served on the witness subpoenaed—
(a) by the person who has requested the issuing of the subpoena or by the Sheriff, at least seven (7) days prior to the scheduled date of the arbitration; and
(b) accompanied by proof of payment of the prescribed witness fees for one day in accordance with the tariff of allowances published by notice in the Government Gazette in terms of section 142(7) of the Act and the witnesses' reasonable travel costs and subsistence expenses.

 

(6) Sub-rules 4(c) and 5(b) do not apply if the Commission, in terms of section 142(7)(c), has waived the requirement to pay witness fees.