Cap. 20:29
LAND
CoJ\1M:rssroN
No. 12/2017
(c)
to require any person questioned by it to answer such questions and to
disclose any information within such person's knowledge which the
Commission considers relevant to any investigation or audit by it; and
(d)
to request the assistance of the police during an investigation or audit.
(2) In conducting a hearing the Commission shall not be bound by the common
law rules of evidence, and it may ascertain any relevant fact by any means which it
thinks fit and which is not unfair or unjust to any party.
(3) The Commission shall afford any individual, or the principal officer of any
public authority, company, corporate body or unregistered association, who is alleged
to be responsible for any act or omission giving rise to the complaint or dispute subject
to the investigation, an adequate opportunity to respond to such allegations.
(4) Any person appearing before the Commission may be represented by a
legal practitioner.
(5) Information obtained by the Commission or any member of its staff at a
closed hearing shall not be disclosed to any person except(a)
without disclosing the identity of any person who gave the information
in confidence, for the purposes of the investigation and for any report to
be made thereon; or
(b)
for the purposes of any proceedings for pe1jury alleged to have been
committed in the course of an investigation.
(6) The Minister may, at any stage during the investigation of a complaint by the
Commission, produce to the Commission a certificate in writing signed by him or her
to the effect that the disclosure of any evidence or documentation or class of evidence
or documentation specified in the certificate is, in his or her opinion, contrary to the
public interest on the grounds that it may prejudice the defence, extemal relations,
internal security or economic interests of the State, whereupon the Commission shall
make arrangements for evidence relating to that matter to be heard in camera at a closed
hearing and shall take such other action as may be necessary or expedient to prevent
the disclosure of that matter.
(7) Upon receipt of a ce1tificate in terms of subsection (6)(a)
the Conmussion or any member of the staff of the Conunission shall not
communicate any such evidence or documentation to any other person
for any purpose, unless the Minister allows the Connnission to do so,
subject to such conditions as he or she may fix; and
(b)
an aggrieved person may, in accordance with the Administmtive Justice
Act [Chapter 10:28] (No. 24of2004), appeal against such certificate, and
the court hearing the appeal shall treat any evidence or documentation
subject to the certificate in the mallller specified in section 8 ("Discretion
to refuse or to restrict supply of reasons") of the Administrative Justice
Act [Chapter 10:28] (No. 24 of 2004).
(8) Any person who(a)
has been summoned by the Commission to give evidence or to produce
any documentation for the purposes of an investigation and who fails to
attend or to remain in attendance until excused by the Commission from
further attendance, or refuses without sufficient cause, the onus of proof
whereof lies upon him or her, to be swam as a witness or to answer fully
and satisfactorily a question lawfully put to him or her, or to produce the
evidence or documentation requested; or
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