The following sections are hereby inserted after section 53:
"53A. Orders, suspensions and instructions
| 1) |
If an officer authorised by the Director-General is of the opinion that any contravention or suspected contravention of or any failure to comply with any provision of this Act or any condition to which any authorization, exemption, environmental management programme or permission granted or approved in terms of this Act, is subject, occurs at any mine or place presumed to be a mine, such officer may- |
| a) |
order the owner, manager or any official, employee or agent of such mine or place to take immediate rectifying steps; or |
| b) |
order that the operations at such mine or place or part thereof be suspended, |
and give such instructions in connection therewith as he or she may deem desirable.
| 2) |
Any order referred to in subsection (1)(b) shall be confirmed or set aside by the Director: Mineral Development, who shall notify the owner or manager of the mine or presumptive mine concerned in writing of his or her decision as soon as practicable. |
| 3) |
Any order given under subsection (1)(b) shall take effect from the time fixed by the officer concerned and shall remain in force until set aside by the Director: Mining Development or until the instructions of the officer have been complied with. |
53B. Inquiries
| 1) |
If any contravention or suspected contravention of or any failure or suspected failure to comply with any provision of this Act occurs at any mine or place presumed to be a mine, an inquiry may be held into any such matter by an officer designated by the Director-General. |
| 2) |
The Director-General may, either before the commencement or at any stage of an inquiry held in terms of subsection (1) or (4) designate one or more other officers to assist in the holding of such inquiry and may designate an officer to Preside at such inquiry. |
| 3) |
Any investigating officer holding an inquiry into any matter in terms of this section shall, if necessary with the assistance of an interpreter, take down or record by mechanical means the evidence given thereat and submit a written copy thereof with a report thereon to the Director: Mineral Development, who shall transmit it to the Director-General, unless otherwise directed by the latter. |
| 4) |
Upon consideration of the evidence and report referred to in subsection (3) the Director-General may require that the matter concerned be inquired into further. |
53C. Attendance and examination of witnesses at inquiry
| 1) |
An investigating officer holding an inquiry in terms of section 53B(1) or (4) into any matter or who is to preside or is presiding at such inquiry may, for the purposes of such inquiry- |
| a) |
direct or summon any person to appear before him or her at such time and place as may be determined by him or her; or |
| b) |
order any person present at the place where such inquiry is being held- |
| (i) |
to give evidence thereat; |
| (ii) |
to produce any document or thing which he or she may deem necessary for the proper disposal of such inquiry; or |
| (iii) |
to perform any other act in relation to this Act which he or she may direct. |
| a) |
If any person has reason to believe that he or she may be held liable for any matter which shall or may be inquired into in terms of section 53B(1) or (4), he or she shall have the right, but is, subject to subsection (1), not compelled, to be present at any such inquiry and to be assisted or represented by another person. |
| b) |
If at any inquiry held in terms of section 53B(1) or (4) evidence has been or is being given from which any person may reasonably infer that he or she may be charged with contravening any provision of this Act or failing to comply therewith or may be held responsible in any manner for the matter comprising the subject of such inquiry, he or she shall have the right, but is not compelled, to give evidence and, either personally or through a representative- |
| (v) |
to call any witness or to request the investigating officer to direct or summon any witness on his or her behalf, either to give evidence thereat or to produce any document or thing; |
| (vi) |
to cross-examine anybody giving evidence at such inquiry; and |
| (vii) |
to peruse any document which has been presented as evidence. |
| 3) |
Any person who satisfies an investigating officer that he or she has a material interest in any inquiry held in terms of section 53B(1) or (4) may, either personally or through a representative, put such questions as the investigating officer may consider relevant to such inquiry, to a witness giving evidence thereat. |
| a) |
Any investigating officer may, at any inquiry held in terms of section 53B(1) or (4), administer an oath which is normally administered to a witness in a court of law, to any witness before giving evidence or, if objecting to taking such oath, he or she may make an affirmation, and such affirmation shall have the same legal force and effect as such oath. |
| b) |
No person called as a witness at any inquiry held in terms of section 53B(1) or (4) shall, when he or she is requested thereto, refuse or fail to take an oath or, if he or she objects thereto, to make an affirmation. |
| c) |
No person to whom an oath referred to in paragraph (a) has been administered or who has made an affirmation so referred to shall give evidence knowing it to be false or make a statement under oath or affirmation which is contrary to any statement which that person made under oath or affirmation on a previous occasion. |
| 5) |
Any witness at any inquiry held in terms of section 53B(1) or (4) shall have the same privileges in relation to the answering of questions or the production of documents or things as such witness would have had under the same circumstances if the witness had been summoned as such before a court of law. |
| a) |
Any inquiry or any part thereof held in terms of section 53B(1) or (4) shall, in so far as it is in the opinion of the investigating officer practically possible or desirable, be held in public. |
| b) |
The investigating officer may decide whether any witness who has to give evidence or has given evidence at any inquiry referred to in paragraph (a), shall be present whilst other witnesses are giving their evidence thereat. |
53D. Obstruction of inquiry or investigating officer or failure to render assistance
No person shall, in relation to any inquiry held in terms of section 53B(1) or (4)-
| a) |
without reasonable justification fail to comply with any direction, summons or order issued or given under section 53C(1) or by virtue of a request under section 53C(2)(b)(ii); |
| b) |
refuse or fail to answer to the best of his or her knowledge any question lawfully put to him or her by or with the concurrence of the investigating officer: Provided that no person shall be obliged to answer any question whereby that person may incriminate himself or herself; |
| c) |
in any manner whatsoever advise, encourage, incite, order or persuade any person who has been directed, summoned or ordered under section 53C(1) or by virtue of a request under section 53C(2)(b)(ii), not to comply with such direction, summons or order or in any manner prevent him or her from doing so; |
| d) |
refuse or fail, when required thereto by the investigating officer, to furnish him or her with the means or to render him or her the necessary assistance for holding such inquiry; |
| e) |
refuse or fail, when required thereto by the investigating officer, to attend an inquiry; or |
| f) |
intentionally insult an investigating officer or intentionally interrupt the proceedings thereat.". |
Public Service Commission Act, 1997
