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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Rules

Special Tribunals Rules

17. Discovery

 

(1) A document or tape recording not disclosed may not, except with the leave of the Tribunal on whatever terms the Tribunal deems appropriate, be used for any purpose at the hearing by the person who was obliged to disclose it, except that the document or tape recording may be used by a person other than the person who was obliged to disclose it.

 

(2) Where the parties cannot reach agreement on discovery of documents and tape recordings, either party may apply to the Tribunal for an appropriate order, including an order as to costs.

 

(3) For the purpose of this Rule, a tape recording includes a soundtrack, film, magnetic tape, record or nay other material on which visual images, sound or other information can be recorded.

 

(4) Subject to Rule 19, the provisions of Rule 35 of the High Court Rules relating to discovery may apply mutatis mutandis to proceedings brought in terms of these Rules.