Judicial Service Commission Act, 1994 (Act No. 9 of 1994)Chapter 3 : Judicial Conduct TribunalsPart 2 : Hearings of Tribunal31. Evidence to be given under oath or affirmation |
| (1) | No person may testify before, or be questioned by, a Tribunal unless the oath or affirmation that is usually administered or accepted in a court of law, has been administered to or accepted from that person by the Tribunal or, if evidence is to be given by such person through an interpreter, by the Tribunal through the interpreter. |
| (2) | An oath or affirmation administered to or accepted from a person in terms of subsection (1) remains binding on that person until the Tribunal has concluded the hearing or finally excused that person. |
| (3) | A person giving evidence at a hearing of the tribunal must answer any relevant question. |
| (4) | A tribunal may order a person giving evidence to answer any question, or to produce any article or document, even if it is self-incriminating to do so. |
| (5) | A self-incriminating answer given or statement made by a person giving evidence to a Tribunal in terms of this Act is inadmissible as evidence against that person in any criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury, or in which that person is tried for an offence contemplated in section 34(1)(b), and then such an answer or statement is admissible only to the extent that it is relevant to prove the offence charged. |
[Section 31 inserted by section 9 of Act No. 20 of 2008]