(1)
| (a) |
If the Investigating Director has reason to suspect that a specified offence has been or is being committed or that an attempt has been or is being made to commit such an offence, he or she may conduct an investigation on the matter in question, whether or not it has been reported to him or her in terms of section 27. |
| (b) |
If the National Director refers a matter in relation to the alleged commission or attempted commission of a specified offence to the Investigating Director, the Investigating Director shall conduct an investigation, or a preparatory investigation as referred to in subsection (13), on that matter. |
| (c) |
If the Investigating Director, at any time during the conducting of an investigation on a matter referred to in paragraph (a) or (b), considers it desirable to do so in the interest of the administration of justice or in the public interest, he or she may extend the investigation so as to include any offence, whether or not it is a specified offence, which he or she suspects to be connected with the subject of the investigation. |
| (d) |
If the Investigating Director, at any time during the conducting of an investigation, is of the opinion that evidence has been disclosed of the commission of an offence which is not being investigated by the Investigating Directorate concerned, he or she must without delay inform the National Commissioner of the South African Police Service of the particulars of such matter. |
[Section 28(1) substituted by section 12(a) of Act No. 61 of 2000]
(2)
| (a) |
The Investigating Director may, if he or she decides to conduct an investigation, at any time prior to or during the conducting of the investigation designate any person referred to in section 7(4)(a) or, in the case of an investigation requested by the Head of the Directorate for Priority Crime Investigation in terms of section 17D(3) of the South African Police Service Act, 1995 (Act No. 68 of 1995), any member of the prosecuting authority or a member of that Directorate, to conduct the investigation, or any part thereof, on his or her behalf and to report to him or her. |
[Sectiion 28(2)(a) substituted by section 8 of Act No. 56 of 2008]
| (b) |
A person so designated shall for the purpose of the investigation concerned have the same powers as those which the Investigating Director has in terms of this section and section 29 of this Act, and the instructions issued by the Treasury under section 39 of the Exchequer Act, 1975 (Act No. 66 of 1975), in respect of commissions of inquiry shall apply with the necessary changes in respect of such a person. |
[Section 28(2)(b) substituted by section 12(a) of Act No. 61 of 2000]
| (3) |
All proceedings contemplated in subsections (6), (8) and (9) shall take place in camera. |
[Section 28(3) substituted by section 12(a) of Act No. 61 of 2000]
| (4) |
The procedure to be followed in conducting an investigation shall be determined by the Investigating Director at his or her discretion, having regard to the circumstances of each case. |
[Section 28(4) substituted by section 12(a) of Act No. 61 of 2000]
| (5) |
The proceedings contemplated in subsections (6), (8) and (9) shall be recorded in such manner as the Investigating Director may deem fit. |
[Section 28(5) substituted by section 12(a) of Act No. 61 of 2000]
| (6) |
For the purposes of an investigation— |
| (a) |
the Investigating Director may summon any person who is believed to be able to furnish any information on the subject of the investigation or to have in his or her possession or under his or her control any book, document or other object relating to that subject, to appear before the Investigating Director at a time and place specified in the summons, to be questioned or to produce that book, document or other object; |
| (b) |
the Investigating Director or a person designated by him or her may question that person, under oath or affirmation administered by the Investigating Director, and examine or retain for further examination or for safe custody such a book, document or other object: Provided that any person from whom a book or document has been taken under this section may, as long as it is in the possession of the Investigating Director, at his or her request be allowed, at his or her own expense and under the supervision of the Investigating Director, to make copies thereof or to take extracts therefrom at any reasonable time. |
[Subsection (6) substituted by section 12(a) of Act 61 of 2000]
| (7) |
A summons referred to in subsection (6) shall— |
| (b) |
contain particulars of the matter in connection with which the person concerned is required to appear before the Investigating Director; |
| (c) |
be signed by the Investigating Director or a person authorized by him or her; and |
| (d) |
be served in the prescribed manner. |
(8)
| (a) |
The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate's court shall apply in relation to the questioning of a person in terms of subsection (6): Provided that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge. |
| (b) |
No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (10)(b) or (c), or in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955). |
| (9) |
A person appearing before the Investigating Director by virtue of subsection (6)— |
| (a) |
may be assisted at his or her examination by an advocate or an attorney; |
| (b) |
shall be entitled to such witness fees as he or she would be entitled to if he or she were a witness for the State in criminal proceedings in a magistrate's court. |
| (10) |
Any person who has been summoned to appear before the Investigating Director and who— |
| (a) |
without sufficient cause fails to appear at the time and place specified in the summons or to remain in attendance until he or she is excused by the Investigating Director from further attendance; |
| (b) |
at his or her appearance before the Investigating Director— |
| (i) |
fails to produce a book, document or other object in his or her possession or under his or her control which he or she has been summoned to produce; |
| (ii) |
refuses to be sworn or to make an affirmation after he or she has been asked by the Investigating Director to do so; |
| (c) |
having been sworn or having made an affirmation— |
| (i) |
fails to answer fully and to the best of his or her ability any question lawfully put to him or her; |
| (ii) |
gives false evidence knowing that evidence to be false or not knowing or not believing it to be true, |
shall be guilty of an offence.
| (11) |
[Section 28(11) deleted by section 12(b) of Act No. 61 of 2000] |
| (12) |
[Section 28(12) deleted by section 12(b) of Act No. 61 of 2000] |
| (13) |
If the Investigating Director considers it necessary to hear evidence in order to enable him or her to determine if there are reasonable grounds to conduct an investigation in terms of subsection (1)(a), the Investigating Director may hold a preparatory investigation. |
| (14) |
The provisions of subsections (2) to (10), inclusive, and of sections 27 and 29 shall, with the necessary changes, apply to a preparatory investigation referred to in subsection (13). |
[Section 28(14) substituted by section 12(c) of Act No. 61 of 2000]
Basic Conditions of Employment Act, 1997
