Public Service Act, 1994 (Act No. 103 of 1994)
Public Service Regulations, 2016
Chapter 4 : Employment Matters
Part 7 : Labour matters
80. Summoning witnesses
|(1)||If a chairperson of a disciplinary hearing—|
|(a)||is of the opinion that a person may be able to give material information concerning the subject of the hearing; or|
|(b)||reasonably suspects or believes that a person possesses, has custody or controls any document or object which has any bearing on the subject of the hearing,|
the chairperson may summon that person to appear before the chairperson at the time and place specified in the summons, to testify or to produce such document or object.
|(2)||A summons to a person to appear before the chairperson of the hearing or to produce a document or object shall be signed by the chairperson and be served on such person by delivering it to him or her or by sending it by registered post to him or her.|
|(3)||A chairperson of a disciplinary hearing may call upon and administer an oath to or accept an affirmation from any person present at the hearing who was summoned to testify at the hearing.|
|(4)||A person who calls upon a witness to testify is responsible for the travel, subsistence and other reasonable costs for that witness.|
|(5)||A department is responsible for the travel, subsistence and other reasonable costs for a person summoned by the chairperson to testify at a hearing, in accordance with the rates determined by the Minister.|
|(6)||Notwithstanding subregulation (4) or (5), no witness fee shall be paid to a person who, at the time of the hearing, is employed by a department.|
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