Cap, 10:32
lrtrnrroxat- PEacE AND REcoxclrr{rTou CottnrassloN
No. lL/2817
is, in his or her opinion, contrary to the public interest on the grounds that it may
prejudice the defence, external relations, intemal security or economic interests of the
State, whereupon tlre 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 ofthat matter:
Prrcvided that the Commission shall forthwith inform and explain to anyone
who may be aggrieved by the issuance of such certificate of his or her right to appeal
to the Commission against the issuance of such ce$ificate.
(8) Any person who is dissatisfied by the issuance of the certificate rcferred to
in subsection (7) rrny, within fourteen days, appeal to the Commission.
(9) Upon hearing the appeal noted interms of subsection (8), the Commission
may confirm, vary or set aside tlrc certificate issued by the Mirdster.
(10) Any person rvho is dissatisfied by the decision of the Commission may,
within fourteen days, appeal to the Administrative Coutt.
(11) Upon hearing an appeal in terms of subsection (10), the Administrative
Court
may-
(a) confirm, vary or set aside the decision of tlle Comrnission;
(b) make such order as to the costs ofthe appeal as it tbinks fit.
(12) Any person
who-
(a) has treen subpoenaed by the Commission to give evidence or to produce
any documentation for the pu{poses 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 he1 to be sworn as a witness or to answer fully
aod satisfactorily a question larvfully put to him or her, or to produce the
evidence or documentation rcquested; or
(b) gives false evidence
to the Commission, 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 not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
(13) The Commission shall guarantee the safety and protection of any witness
before, during and after the hearing of any matter before it and before other committees
appointed by the Commissiou.
(14) Any person
(a)
(b)
(c)
who-
threatens; or
victimises; or
without lawful cause, discourages; or dissuades;
any person from testifying before the Commission or before other committees appointed
bythe Commission shall be guilty of an offence and liable to a fine not exceeding level
twelve or to imprisonment for a period not exceeding ten years or to both such fine
and such imprisonnrent.
(
15) Sections 196 and 197 of the Criminal Procedure and Evidence Act lChnpwr
9:04 shallapply with necessary
changes to all proceedings conducted in terms of this
Act.
11
Compdlability of witnesses and inadmissibility of incriminating evidence
person rryho is questioned by the Commission in the exercise of its
powers in terms of this Act and the Constitution or who has been subpoennzdto give
(l) Any
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