ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) (a) appear in person or be represented by— (i) a registered legal practitioner; or (ii) in the case of a mass media service, any person appointed in writing by such service; or (b) make written representations to the Council. 42C Taking of evidence by Council (1) For the purposes of an inquiry in terms of this Part, the Council may take evidence and may— (a) summon any person as witness and, where it thinks fit, require him or her to produce any book, record, document or thing; and (b) through the chairperson administer an oath to any person; and (c) examine any book, record, document or thing which has been produced before it. (2) A person who gives evidence as a witness before the Council shall be entitled to all the privileges to which a witness or a journalist who is a witness is entitled to at law. (3) Any person who— (a) has been summoned to attend before the Council and— (i) refuses or fails without sufficient cause to attend and give evidence relevant to the inquiry at the time and place stated in the summons; or (ii) refuses to be sworn when the chairman wishes to administer an oath to him or her; or (iii) refuses or fails without sufficient cause to produce any book, record, document or thing which he or she has been required in the summons to produce; or (b) attends as a witness before the Council and refuses to answer or to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (4) Any person who at an inquiry held by the Council gives false evidence on oath, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable to a fine of level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (5) For the purpose of conducting an inquiry in terms of this Part, the Council shall have the same powers, rights, and privileges as are conferred upon a Commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall apply, with such changes as may be necessary, in relation to any hearing and determination of any matter before the Council under this Part and to any person summoned to give or giving evidence before the Council. 28