(2) If any person who has been subpoenaed to give evidence or to produce any book or document before a housing
court refuses without sufficient excuse, the onus of proof
whereof shall rest upon him, to be sworn as a witness or,
having been sworn, to answer fully and satisfactorily any
question lawfully put to him, or to produce any such book or
document, the housing court may order that person to be
removed and detained in custody, as if he were a prisoner
awaiting trial, until the rising of the housing court or until he
sooner consents to do what is required of him.
(3) Nothing in this section contained shall prevent the
housing court from giving judgment in any case or otherwise
disposing of the same in the meantime according to any other
sufficient evidence taken but, if such judgment be given or
the case be otherwise disposed of, any person committed to
prison in terms of subsection (2) shall thereupon be released.
(4) Any person referred to in subsection (1) or (2) shall be
liable, in addition to being detained in custody in terms of
subsection (2), to be sentenced summarily by the housing
court to pay a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such
fine and such imprisonment.
(5) No person shall be bound to produce any document or
thing not specified or otherwise insufficiently described in
the subpoena unless he actually has it in the housing court.
12 Witness giving false evidence
Any witness who, after being duly sworn, makes a false
statement of fact material to any question under investigation
before a housing court, knowing such statement to be false or
not knowing or believing it to be true, shall be guilty of an
offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both
such fine and such imprisonment.
13 Contempt of housing court
If any person wilfully insults a housing court or any assessor thereof during any sitting of the housing court or wilfully
interrupts the proceedings of the housing court or otherwise
wilfully disturbs the peace or order of such proceedings, the
housing court may order the person to be removed and
detained in custody until the rising of the housing court and
the person shall be liable, in addition to such removal and
detention, to be sentenced summarily by the housing court to
a fine not exceeding level three or to imprisonment for a
period not exceeding one month or to both such fine and
such imprisonment.
14 Costs
(1) In determining any question referred to it, a housing
court may make such order as to costs as it may deem just.
(2) The costs referred to in subsection (1) shall be payable
in accordance with—
(a) the scale of costs for the time being in use in a
magistrates court in civil cases; or
(b) such scale of costs as the Minister responsible for
justice may otherwise provide by statutory instrument.
(3) Any costs awarded by a housing court shall be taxed
by the clerk of court in terms of subsection (2) and the
taxation of such costs shall be subject to appeal to the
housing court.
15 Appeal from decision of housing court
(1) Any party who is dissatisfied with any decision of a
housing court may appeal against such decision to the High
Court within thirty days from the announcement by the
housing court of such decision:
Provided that if, before the hearing commenced, the parties had lodged with the clerk of court an agreement in
writing that the decision of the housing court should be final,
no appeal shall lie from such decision.
(2) Upon the hearing of the appeal, the High Court may,
subject to this Act—
(a) confirm, vary, reverse or set aside the decision
appealed from;
(b) remit the matter to the housing court concerned with
instructions in regard to the taking of further evidence
or the setting out of further information;
(c) order the parties or any of them to produce at some
convenient time before the High Court such further evidence as shall to it seem necessary or desirable;
(d) take any other course which may lead to the just,
speedy and, as far as possible, inexpensive settlement
of the matter;
(e) make such order as to costs as it may deem just.
(3) The Chief Justice and the Judge President may make
rules relating to the procedure of bringing matters on appeal
to the High Court in terms of this section:
Provided that, until such rules are made, the rules governing an appeal from a magistrates court in a civil case shall,
subject to subsection (1), apply, mutatis mutandis, and be
followed.
(4) Rules made in terms of subsection (3) shall not have
effect until they have been approved by the Minister responsible for justice and published in statutory instrument.
PART III
REPAIR, DEMOLITION AND CLOSURE ORDERS
16 Authority may apply for repair, demolition or
closure order
Where an authority considers that any building within its
authority area is of an unsatisfactory standard and—
(a) can be raised or restored at a reasonable cost to a
satisfactory standard, the authority may apply to a
housing court for a repair order; or
(b) cannot be raised or restored at a reasonable cost to a
satisfactory standard, the authority may apply to a
housing court for—
(i) a demolition order; or
(ii) if the authority considers that the building
should not be the subject of a demolition order,
a closure order.
17 Issue of summons
(1) Where an authority wishes to apply to a housing court
for an order, it shall apply in writing to the clerk of court for
the issue of a summons.
(2) Upon an application in terms of subsection (1), the clerk
of court shall issue a summons in the prescribed form calling
upon the owner and any right holder of the building concerned to show cause at the time, upon the date and at the
place stated in the summons why the order should not be
made:
Provided that the date stated in the summons shall not
be—
(a) less than twenty-one days; or
(b) more than thirty days;
from the date of issue of the summons.
18 Contents of summons
A summons shall set out—
(a) the nature of the order applied for; and