Page:Internal Security Act 1982 South Africa.pdf/10

GOVERNMENT GAZETTE, 9 JUNE 1982

Rh other person appearing as a witness before the advisory committee.

(4) Such direction shall be by way of a subpoena signed by the chairman of the advisory committee in question and served on the person subpoenaed either by a registered letter sent through the post or by delivery by a person authorized thereto by the advisory committee.

(5) Whenever an advisory committee considers it necessary to do so, it may require any person appearing as a witness before it in terms of subsection (3) to give evidence on oath or after having made an affirmation, and such person shall enjoy the same privilege as a witness testifying in a criminal proceeding before a division of the Supreme Court of South Africa.

(6) The chairman of the advisory committee in question may administer an oath to, or accept an affirmation from, any such person.

(7) No person appearing as a witness before an advisory committee in terms of this section or section 7 shall be entitled to be assisted at such appearance by a legal representative, but any person desiring to submit facts or representations in writing to the advisory committee in terms of the provisions of section 7, shall be entitled to the assistance of a legal representative in the preparation of the relevant documents.

(8) No person shall attend the proceedings of an advisory committee, except—

the Director or a person authorized thereto by the Director;

a person engaged in giving oral evidence before that advisory committee; or

a person in the service of the State whose presence is considered necessary by the chairman of the advisory committee.

(9) An advisory committee’s deliberations and recommendations shall not be disclosed, except to a person whose duty it is to deal with the subject matter of the disclosure.

(10) No person, other than a person in the service of the State while performing his official functions or a person charged with the secretarial work incidental to the performance of its functions by an advisory committee, while such secretarial work is being performed by such person, shall have the right to inspect any record of proceedings of that advisory committee.

(11) No court of law shall have jurisdiction to pronounce upon the functions or recommendations of an advisory committee.

(12) Any person who refuses or fails to comply with a direction in terms of subsection (3) or who refuses to answer any question put to him under that subsection or gives to such question an answer which to his knowledge is false, or who refuses to take the oath or to make an affirmation at the request of the advisory committee in question in terms of subsection (5), or who in contravention of the provisions of subsection (9) discloses an advisory committee’s deliberations or recommendations, or who insults, disparages or belittles an advisory committee or a member of an advisory committee in his capacity as such a member, or who anticipates the proceedings at an inquiry by an advisory committee in terms of section 7 (3) or the findings or recommendations of an advisory committee in a manner calculated to influence it, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

9. The secretarial work incidental to the performance by an advisory committee of its functions shall, subject to the directions of the chairman of the advisory committee, be performed by persons in the service of the State designated for that purpose by the Minister of Justice.

10. (1) If, after consideration of the relevant factual report and recommendation with which he has in terms of section 7 (3) been furnished by an advisory committee, as well as of any other