(2) For the purposes of an
inquiry referred to in subsection (1) an inspector may subpoena any person to
appear before him on a day and at a place specified in the subpoena and to give
evidence or to produce any book, document or thing which in the opinion of the
inspector has a bearing on the subject of the inquiry.
(3) Save as is otherwise
provided in this section, the laws governing criminal trials in magistrates'
courts shall mutatis mutandis apply in so far as to obtaining the attendance of
witnesses at an inquiry under this section, the administering of an oath or
affirmation to them, the examination, the payment of witness fees to them and
the production by them of books, documents or things.
(4) Any inquiry under this section shall be held in
public: Provided that the presiding inspector may, exclude from the place where
the inquiry is held, any person whose presence is, in his opinion, undesirable
or not in the public interest.
(5) (a) The presiding inspector may designate
any person to lead evidence and examine any witness giving evidence at a
formal inquiry.
(b) Any person who has an interest in the
issue of the inquiry may personally or by representative, counsel or
attorney put such questions to a witness giving evidence at the inquiry as
the presiding inspector may allow.
(c) The following persons shall have an
interest as referred to in paragraph (b) namely -
(i) any person who was injured or suffered
damage as a result of the incident forming the subject of the inquiry;
(ii) the employer or user, as the case may
be, involved in the incident;
(iii) any person in respect of whom in the
opinion of the presiding inspector it can reasonably be inferred from
the evidence that he could be held responsible for the incident;
(iv) a trade union recognized by the
employer concerned;
(v) any owner or occupier of any premises
where the said incident occurred;
(vi) any person who, at the discretion of
the presiding inspector, can prove such interest.
(6) (a) An inquiry may, if it is necessary or
expedient, be adjourned at any time by the presiding inspector.
(b) An inquiry adjourned under paragraph (a)
may at any stage be continued by an inspector other than the inspector
before whom the inquiry commenced, and may after an adjournment again be
continued by the inspector before whom the inquiry commenced.
(7) An affidavit made by any person in connection
with the incident in respect of which the inquiry is held, shall at the
discretion of the presiding inspector upon production be admissible as proof of
the facts stated therein, and the presiding inspector may, at his discretion,
subpoena the person who made such an affidavit to give oral evidence at the
inquiry or may submit written interrogatories to him for reply, and such
interrogatories and any reply thereto purporting to be a reply from such person
shall likewise be admissible in evidence at the inquiry: Provided that the
presiding inspector shall afford any person present at the inquiry the
opportunity to refute the facts stated in such document, evidence or reply.
(8) (a) Whenever in the course of any inquiry
it appears to the presiding inspector that the examination of a witness is
necessary and that the attendance of such witness is necessary and that
the attendance of such witness cannot be procured without a measure of
delay, expense or inconvenience which in the circumstances would be
unreasonable, the presiding inspector may dispense with such attendance
and may appoint a person to be a commissioner to take the evidence of such
witness, whether within the Republic or elsewhere, in regard to such
matters or facts as the presiding inspector may indicate.
(b) Any person mentioned in subsection (5)(b)
may in person or through a representative, advocate or attorney appear
before such commissioner in order to examine the said witness.
(c) The evidence recorded in terms of this
subsection shall be admissible in evidence at the inquiry.
(9) At the conclusion of an inquiry under this
section, the presiding inspector shall compile a written report thereon.
(10) The evidence given at any inquiry under this
section shall recorded and a written copy thereof shall be submitted by the
presiding inspector together with his report to the chief inspector, and in the
case of an incident in which or as a result of which any person died or was
seriously injured or became ill, the inspector shall submit a copy of the said
evidence and the report to the attorney-general within whose area of
jurisdiction such incident occurred.
(11) Nothing contained in this section shall be
construed as preventing the institution of criminal proceedings against any
person or as preventing any person authorized thereto from issuing a warrant for
the arrest of or arresting any person, whether or not an inquiry has already
commenced
(12) Upon receipt of a report referred to in
subsection (10), the attorney-general shall deal therewith in accordance with
the provisions of the Inquest Act, 1959 (Act No. 58 of 1959), or the Criminal
Procedure Act , 1977 (Act No. 51 of 1977), as the case may be.
(13) An inspector presiding at any formal inquiry shall
not incur any civil liability by virtue of anything contained in the report
required in terms of subsection (9).
