KwaZulu-Natal Legislature Witnesses Act, 2007

Jurisdiction: South Africa · KwaZulu-Natal
Citation: Act 1 of 2007
Date: 3 April 2009
Language: English
Type: Legislation
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Subject areas > Dispute Resolution and Mediation

KwaZulu-Natal
South Africa

KwaZulu-Natal Legislature Witnesses Act, 2007

Act 1 of 2007

Published in KwaZulu-Natal Provincial Gazette 250 on 3 April 2009
Assented to on 19 April 2007
Commenced on 3 April 2009
[This is the version of this document from 3 April 2009 and includes any amendments published up to 4 April 2024.]

ACTTo regulate the summonsing and examination of witnesses by the Legislature of the Province of KwaZulu-Natal and its committees; and to provide for incidental matters.BE IT ENACTED by the Legislature of the Province of KwaZulu-Natal, as follows:—

1. Definitions

In this Act, unless the context indicates otherwise—"committee" means a committee of the Legislature consisting of members;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Legislature" means the Provincial Legislature of the province of KwaZulu-Natal;"member" means-(a)a member of the Legislature; or(b)a permanent delegate of the province of KwaZulu-Natal to the National Council of Provinces;"Powers, Privileges and immunities Act" means the national Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004 (Act No. 4 of 2004);"Secretary" means the Secretary to the Legislature;"sheriff" means a person appointed as sheriff in terms of section 2 of the Sheriffs Act, 1986 (Act No. 90 of 1986), and includes an acting sheriff and a deputy sheriff;"Speaker" means the Speaker of the Legislature;"Standing Rules" means the rules and orders made by the Legislature in terms of section 116 of the Constitution.

2. Summonsing of witnesses

(1)A summons in terms of section 115(c) of the Constitution to appear before the Legislature or a committee to give evidence or to produce documents must be issued by the Secretary on the instructions of—

(a)the Speaker; or

(b)the chairperson of the committee concerned, acting in accordance with a resolution of the committee and with the concurrence of the Speaker.

(2)The summons must be in the form prescribed by Schedule 1, and must state—

(a)the name of the person summonsed;

(b)the name or designation of the person who must serve the summons;

(c)the time, place and venue at which the person summonsed is required to appear;

(d)the subject of the enquiry;

(e)the purpose for which the evidence of that person is required; and

(f)a description of the document, if any, which that person is required to produce.

(3)The summons must be served by the sheriff, or by a person designated by the Secretary, by delivering a copy of the summons—

(a)to the person summonsed; or

(b)at that person’s usual or last known place of residence or of employment or business, to a person apparently over the age of 18 years and apparently residing or employed there.

(4)A person other than the Sheriff delivering a summons in terms of subsection (3) must complete a return of service in the format of Schedule 2.

(5)A return by the person who served the summons that service thereof has been effected in accordance with subsection (3) is prima facie proof of the service.

(6)A person summonsed in terms of this section is entitled to be paid in accordance with the tariff of allowances prescribed by the Minister of Justice and Constitutional Development and published in terms of section 42 of the Supreme Court Act, 1959 (Act No. 59 of 1959), by notice in the Gazette.

3. Examination of witnesses

(1)When the Legislature or a committee requires that anything be verified or otherwise ascertained by the oral examination of a witness, the person presiding at the enquiry may call upon and administer an oath to, or accept an affirmation from, any person present at the enquiry, whether or not that person was summonsed in terms of section 2.

(2)The Legislature or the committee, as the case may be, may—

(a)examine the witness on any matter in connection with the enquiry; and

(b)request the witness to produce any document in the possession or custody of the witness or under his or her control which may have a bearing on the subject of the enquiry, subject to section 4 and any limitation provided for by or in terms of the Standing Rules with regard to the type of subject matter about which a witness may be questioned or the type of document that a witness may be requested to produce.

(3)The witness must—

(a)answer all questions put to the witness under subsection (2); and

(b)produce all documents in the possession or custody of the witness or under his or her control which he or she is requested to produce under subsection (2).

4. Privilege of witnesses

(1)Subject to subsection (2), the law regarding privilege as applicable to a witness before the High Court of South Africa applies to the examination of a person in terms of section 3.

(2)A person who is being examined under oath or affirmation in terms of section 3 may not refuse to answer any question or to produce any document on the ground that the answer or the document would incriminate him or her or would tend to expose him or her to criminal or civil proceedings, or damages.

(3)Evidence given under oath or affirmation by a person before the Legislature or a committee may not be used against that person in any court or place outside the Legislature, except in criminal proceedings where the person concerned stands trial on a charge of perjury or a charge referred to in section 5(1)(c) or (2)(d) or (e).

5. Offences

(1)A person who—

(a)has been duly summonsed in terms of section 2 and who fails, without sufficient cause—

(i)to attend at the time and place specified in the summons; or

(ii)to remain in attendance until excused from further attendance by the person presiding at the enquiry;

(b)when called upon under section 3(1), refuses to be sworn in or to make an affirmation as a witness; or

(c)fails, without sufficient cause—

(i)to answer fully and satisfactorily all questions lawfully put to him or her under section 3(2); or

(ii)to produce any document in his or her possession or custody or under his or her control which he or she has been required to produce under section 3(2), commits an offence and is liable to imprisonment for a period not exceeding 12 months or to an appropriate fine determined in terms of applicable legislation or to both the imprisonment and the fine.

(2)A person who—

(a)threatens or obstructs another person in respect of evidence to be given before the Legislature or a committee;

(b)induces another person—

(i)to refrain from giving evidence to or producing a document before the Legislature or a committee; or

(ii)to give false evidence before the Legislature or a committee;

(c)assaults or penalises or threatens another person, or deprives that person of any benefit, on account of the giving or proposed giving of evidence before the Legislature or a committee;

(d)with intent to deceive the Legislature or a committee, produces to the Legislature or committee any false, untrue, fabricated or falsified document; or

(e)whether or not during examination under section 3, wilfully furnishes the Legislature or a committee with information, or makes a statement before it, which is false or misleading, commits an offence and is liable to imprisonment for a period not exceeding two years or to an appropriate fine determined in terms of applicable legislation or to both the imprisonment and the fine.

(3)Subject to subsection (4), subsections (1) and (2) do not apply to a member.

(4)A member who commits an act mentioned in subsection (1) or (2) is guilty of contempt of the Legislature as contemplated in section 13 of the Powers, Privileges and Immunities Act.

6. Short title

This Act is called the KwaZulu-Natal Legislature: Witnesses Act, 2007.

Schedule 1

Summons to appear before the House of the KwaZulu-Natal Provincial Legislature

To: ………………………………………………………………………………………………………, of [insert title and full names of person to be summonsed] ……………………………………………………………………………………………………… [insert physical address]You are hereby given notice that, in terms of section 2 of the KwaZulu-Natal Witnesses Act, 2006 (Act No of 2006) you are summonsed to appear before the House/……………………………………………………………………………………… Committee of the Kwazulu-Natal Provincial Legislature at……………………………………………………………………………… on …………………………………………………………………………………………………………, in [insert time] ……………………………………………………………………………… [insert date] ……………………………………………………………………………………………………… [insert venue]to give evidence on oath or affirmation in respect of………………………………………………………………………… [insert subject matter of enquiry]for the purpose of ……………………………………………………………………………………………………………………………… [insert the purpose for which the evidence is required] and/or to produce the documents or records listed below- ………………………………………………………………………………………[insert a description of the documents or records to be produced]This summons is to be served by ……………………………………………………………………………………… [insert the name and designation of the person effecting service of the summons]Signed by the Secretary of the Legislature, at ………………………………………………………………………………………………………, this ……………………………… day of………………………………………… 200 ____________…………………………………………………………… [signature of Secretary]……………………………………………………………………………… [official date stamp of the Legislature]

Schedule 2

Return of service in respect of a summons to appear before the House or a Committee of the KwaZulu-Natal Legislature

I ………………………………………………………………………………………………………[insert full names of person effecting delivery]being ………………………………………………………………………………………………………,duly authorized in terms of section 2(3) of the …………………………………………………………………………[insert job designation]]KwaZulu-Natal Witnesses Act, 2006 (Act No. ………………………… of 2006), effected delivery of a summons to appear before the * House/ a Committee [*delete whichever is not applicable] of the KwaZulu-Natal Provincial Legislature at ……………………………………………………………………………………………………… on ………………………………………………………………………………………… [insert time] ……………………………………………………………………………………………………… in …………………………………… [insert date of Sitting or Committee meeting]……………………………………………………………………………………………………… [insert venue and location of Sitting or Committee meeting]to give evidence on oath or affirmation, and/or to produce the documents or records listed in the summons.I effected delivery of the summons on…………………………………………………………………………… [insert title and full names of person accepting summons]* the person summoned/ a person apparently over the age of 1 8 years and apparently in charge at the place where the summons was served, [* delete whichever is not applicable] at………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… [insert address] at………………………… on the……………………… day of…………………………………………… 200……………………………………… [insert time and date]Signed at…………………………… on the………………… day of ………………………………………………… 200………………………………………………………………… [Signature of authorized person] ……………………………………………………………… [Official date stamp of the Legislature]

KwaZulu-Natal Legislature Witnesses Act, 2007

Taxonomies

KwaZulu-Natal Legislature Witnesses Act, 2007

Act 1 of 2007

1. Definitions

2. Summonsing of witnesses

3. Examination of witnesses

4. Privilege of witnesses

5. Offences

6. Short title

Schedule 1

Summons to appear before the House of the KwaZulu-Natal Provincial Legislature

Schedule 2

Return of service in respect of a summons to appear before the House or a Committee of the KwaZulu-Natal Legislature

History of this document

03 April 2009 this version

19 April 2007

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