| (a) |
For the purposes of a disciplinary hearing, the chairperson may in the format determined by the National Commissioner, at the request of the employer - or employee representative, subpoena any person whose statement appears as a witness, to appear before the hearing on the date, time and place specified in the subpoena in order to testify, answer questions book, document, the disciplinary hearing. |
| (b) |
The chairperson may on own accord recall any witnesses to clarify issues on evidence being led. |
| (c) |
Such subpoena may be served upon any person by an employee in accordance with sub-regulation (9). |
| (2) |
The chairperson must administer the oath or affirmation to a witness and may require from such a witness to answer questions or to produce any relevant book, document, object or article under his or her control. |
| (3) |
The employer representative must ensure that adequate arrangements are made to secure the attendance of witnesses at a hearing, including any witnesses whose presence the employee deems necessary for the purposes of the disciplinary hearing. |
| (4) |
The law relating to privilege, as applicable to a witness summoned to give evidence or to produce a book, document, object or article before a court of law, applies in relation to the examination of witnesses or production of any book, document, object or article to the chairperson to any person called as a witness in terms of these Regulations. |
| (5) |
A person who, after having been sworn in or having been affirmed as a witness, makes a false statement on any matter knowing such statement to be false, is guilty of an offence and liable upon conviction to the penalties, which may lawfully be imposed for the offence of perjury. |
| (6) |
A person who unlawfully and intentionally prevents another person from obeying a notice or subpoena issued in terms of these Regulations, or from giving evidence or producing a book, document, object, or article which he or she is in terms of these Regulations required to give or produce, is guilty of an offence and liable upon conviction to a fine or imprisonment for a period not exceeding six (6) months. |
| (7) |
A witness at a disciplinary hearing who |
| (a) |
after having been duly subpoenaed, tails to appear at the place, date and time specified in the subpoena or fails to remain in attendance until he or she has been excused from further attendance by the chairperson; |
| (b) |
refuses to take an oath or to make an affirmation as required in terms of sub-regulation (2); |
| (c) |
refuses or fails to answer ail questions which am lawfully put to him or her; or |
| (d) |
refuses or fails to produce a book, document, object or article which he or she is !awfully required to produce, |
is subject to the law relating to the compellability, competence and privilege of a witness in a court of law, unless he or she shows good cause for such failure or refusal, guilty of an offence and liable on conviction to a fine of five hundred Rand (R500,00).
| (8) |
Any book, document, object or article given or produced in evidence must, within a reasonable time after the disciplinary proceedings have been finalised, and on request be handed over by the chairperson or as the case may be, to the person who gave or produced such items: Provided that such person may lawfully be in possession of such book, document, object or article. |
| (a) |
The subpoena contemplated in sub-regulation (1) must be served by delivering a copy thereof to the person referred to therein or, if he or she cannot be found, by delivering it at his or her residence or place of employment to a person who is apparently over the age of 16 years and is apparently residing or employed there. |
| (b) |
A return of service of a notice by the employee serving the notice to the effect that it took place as mentioned in sub -regulation (a) may be handed in at the disciplinary hearing and shall on its mere production be proof of the service thereof. |
| (a) |
An employee who has been notified to attend a disciplinary hearing, is entitled to the prescribed travelling and subsistence allowances. |
| (b) |
Any person other than an employee, who has been subpoenaed or notified to attend a disciplinary hearing, shall be entitled to the privileges |
Public Service Commission Act, 1997
