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Security Forces Board of Inquiry Act, 1993 (Act No. 95 of 1993)

12. Functions of Board




(a) When the Chairman and the Chief Executive Officer receive a report in terms of section 11(5) they may request the Area Director to conduct such further inquiry in terms of section 11 as they may determine and to submit again to them a report in terms of section 11(5).
(b) If the two members of the Board do not take steps in terms of paragraph (a), the Board may refer the matter to the South African Police for disposal.
(c) If the two members of the Board do not take steps in terms of paragraph (a) and the Board does not take steps in terms of paragraph (b) and is not of opinion that the allegations concerned are of a vexatious or trivial nature, the Board shall conduct such further inquiry as it may deem fit.


(2) For the purposes of the performance of its functions the Board shall be deemed to be a commission contemplated in the Commissions Act, 1947 (Act No. 8 of 1947).


(3) The proceedings of the Board shall be recorded in such manner as the Chairman may determine.


(a) When the Board is satisfied upon evidence or information presented to it that an inquiry may adversely affect existing, instituted or pending judicial proceedings or inquiries which may lead to the institution of judicial proceedings, evidence which is relevant to such proceedings or inquiries shall be dealt with by the Board in such a manner that such proceedings or inquiries are not adversely affected.
(b) The provisions of paragraph (a) shall not preclude the Board from taking cognizance of evidence given during such proceedings or inquiries which is relevant to its functions, and the Board may take cognizance of the findings made during such proceedings and inquiries.


(5) The Board shall not inquire into—
(a) any occurrence which took place and ended before the commencement of this Act; or
(b) occurrences in respect of which a prosecution or an inquest or an inquiry by a commission of inquiry established by the State President or in terms of an Act, was instituted or completed before the commencement of this Act.


(6) The Board shall at least every six months submit to the State President a report on its work during the preceding six months and may at any time before the completion of any inquiry by it submit to the State President an interim report in respect of any matter which in its opinion should urgently be brought to the attention of the State President.


(7) The Board shall after completion of an inquiry—
(a) submit to the State President a report as contemplated in section 2(2) (b) and a recommendation as contemplated in section 2(2)(c) (if any); and
(b) submit to the attorney-general concerned a report together with all relevant statements, recorded evidence and documents for his decision.