C. 26. Summoning Of Witnesses

Question 0

How shall the summons be served as is mentioned in regulation 26.1 on any person?

Answer 0

26.2 Whenever a summons is served as is mentioned in regulation 26.1 on any person, such service shall be effected through the Court of the Magistrate within whose are of jurisdiction such person is resident or employed, or by a member of the police force, or by another person who has been authorised by the person issuing such summons.

Question 1

What does the form of summons served on any witness whose evidence is required at any inquiry in terms of the Act looks like?

Answer 1

26. 1 The form of summons served on any witness whose evidence is required at any inquiry in terms of the Act is as follows-
    * To__________ Place_________
    * You are hereby required to summon___________
    * that he appears personally at__________
    * to attend an inquiry before___________
    * on the _____ day of _________at________
    * to testify or declare all he knows concerning______
    * and in connection therewith to hand in the documents and papers hereinafter specified:____

_______________________________________________________________________

• and serve on the said______________________
• a copy of this summons, and report to the undersigned, stating what you have done about it.
• Dated at______ this_____ day of_____ 20______
• _____________________
• (Signature of person authorised
• to issue summons)
• Address_______________
• _____________________
• ___________Code______

Question 2

Who shall sign such summons?

Answer 2

26.3 Every such summons as aforesaid shall be signed by the Chief Inspector, Principal Inspector of Mines, regional mining engineer or any other person duly authorised by the Chief Inspector to issue it and shall specifically state the time and place at which the witness named therein is to attend.

Question 3

Under what sections of the Act can you be summoned to serve as a witness at an inquiry?

Answer 3

26.4 Whenever a summons in terms of regulation 26.1 is served on a witness at an inquiry under section 28(1), (2) or (5) of the Act, or the attendance of such a person at an inquiry is otherwise secured, the provisions of the law and regulations for summoning or securing the attendance of witnesses, in force in the magistrates’ courts of the province in which the inquiry is to be held, and also the allowances payable to witnesses, shall mutatis mutandis apply.

Question 4

What does “mutatis mutandis” mean?

Answer 4

“mutatis mutandis” means changing whatever is required to be changed