No. 11/2811 Nanolqsr PEacn AND RscoucILIATIox CourntssloN Cap, 10:32 evidence or to produce any article at the hearing of the Commission shall, subject to subsections (2), (3) and (5) be compelled to produce an afticle or to answef aoy question put to him or her with regard to the subject-matter of the hearing notwithstanding the fact that tlre article or his or her answer may incriminate him or her. (2) A penon referred to in subsection (1) shall only be compelled to answer a question or to produce an article which may incriminate him or her if tlre Commission has issued an order to that effect, after the Commission- (a) has consulted the Prosecutor-General; and (b) has satisfied itself that to require such information from such a person is reasonably necessary and justifiable in an open and dernocratic society based on freedom and equalitY; and (c) has satisfied itself that such a person has refused or is likely to refuse to answer a question or produce an article on the grounds that such an answer or article miglrt incriminate him or her' (3) Any incriminating arswer or information obtained or incriminating evidence directly or indirectly derived from a questioning in terms of subsection (1) shall not be admissible as evidence against the person concerned in criminal proceedings in a court of law or before any body or institution established by or under any law: Provided that incriminating evidence arising fiom such questioning shall be admissible in criminal proceedings where the person is anaigned on a charge of perjury as defined in terms of section 183 of the Criminal l-aw (Codification and Reform) Act fChapter 9:23]. (4) Subject to this section, the law regarding privilege as applicable to a witness subpoenaedto give evidence in a criminal case in a court of law slrall apply in relation to the questioning of a person in terms of subsection (1). (5) Any person appearing bef,ore the Commission by virtue of the provisions of subsection (1) shall be entitled to peruse any article referred to in that subsection, which was produced by him or her, as may be reasonably necessary to refresh his or her rnemory. 12 Appearance before Gommission (1) The Commission may require any person who appears before it in terms of this section to take the oath or to make an affirmation. (2) Any person who appears before the Commission shall be entitled to give evidence in any one ofthe officially recognised languages. 13 Other offences (l) Any person who- (a) anticipates any finding of the Commission regarding an investigation or does anything or acts in a manner calculated to influence its proceedings or such findings or causes alarm and despondency to tlre parties involved; or (b) does anything calculated improperly to influence the Commission in respect of any matter being or to be considered try the Commission in connection. with an investigation; or (c) does anything in relation to the Commission which, if done in relation to of law, would constitute contempt of court; or hinders the Commission, or any Member or member of staff of the a coufi (d) 190