Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court28G. Manner in which witnesses may be dealt with on refusal to give evidence or produce any document or thing |
| (1) | Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section 28F or is present and is verbally required by the Court to give evidence in any proceedings refuses to be sworn or to make an affirmation, or, having been sworn or having made an affirmation, without any just excuse refuses or fails to answer such questions as are put to him or her, or to produce any document or thing which he or she is required to produce the Court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to prison unless he or she consents to do what is required of him or her. |
| (2) | If at the resumed hearing of the proceedings, any person referred to in subsection (1) again refuses without just excuse to do what is so required of him or her, the Court may again adjourn the proceedings and commit him or her to prison for a like period and so again from time to time until such person consents to do what is required of him or her. |
| (3) | Nothing contained in this section shall prevent the Court from giving judgment in any case or otherwise disposing of the proceedings according to any other sufficient evidence taken. |
| (4) | No person shall be bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it in court. |
| (5) | When a subpoena is issued to procure the attendance of any person to give evidence or to produce any book, paper, document or thing in any proceedings before the Court, and it appears— |
| (a) | that he or she is unable to give any evidence or to produce any book, paper, document or thing which would be relevant to any issue in such proceedings; |
| (b) | that to compel him or her to attend would be an abuse of the judicial process, |
the Court may, notwithstanding anything contained in this section, after reasonable notice by the registrar of the Court to the party who sued out of the subpoena and after hearing that party in chambers if he or she appears, make an order cancelling such subpoena.
[Section 28G inserted by section 15 of Act No. 78 of 1996]