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(1) |
The Minister may from time to time appoint a board of inquiry to assist
him in the adjudication of any matter or any appeal in terms of this Act.
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(2) |
A board of inquiry shall consist of—
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(a) |
(i)
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a judge as defined in section 1(1) of the
Judges' Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of
1989), or a judge who has been discharged from active service in terms of
section 3 of the said Act;
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(ii)
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a magistrate or retired magistrate;
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(iii)
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a person admitted to practise as an advocate
in terms of the Admission of Advocates Act. 1964 (Act No. 74 of 1964); or
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(iv)
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a person admitted to practise as an attorney
in terms of the Attorneys Act, 1979 (Act No. 53 of 1979),
who, in the opinion of the Minister, has
knowledge of space affairs and shall be designated as chairman by the
Minister; and
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(b)
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such other persons as the Minister may deem
necessary and who in his opinion shall have applicable knowledge regarding
the matter to be considered by the board of inquiry.
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(3) |
A session of the board of inquiry shall be
held on such date and at such time and place as the chairman may determine, and
he shall inform the Minister and the parties concerned in writing thereof.
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(4) |
For the purposes of its inquiry a board of
inquiry may—
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(a)
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subpoena any person who in its opinion may
be able to give material information concerning the subject of the inquiry or
who is believed to have in his possession or custody or under his control any
book, document, data or thing which has any bearing on the subject of the
inquiry, to appear before the board of inquiry on a date and at a time and
place specified in the subpoena, to be interrogated or to produce that book,
document, data or thing, and retain for examination any book, document, data
or thing so produced;
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(b)
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call and by its chairman administer an oath
to, or accept an affirmation from, any person present at the inquiry who was
or could have been subpoenaed under paragraph (a) and interrogate him and require him to produce any book, document,
data or thing in his possession or custody or under his control.
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(5) |
A subpoena referred to in subsection (4)(a) shall—
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(a)
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be in the prescribed form;
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(b)
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be signed by the chairman of the board of
inquiry;
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(c)
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be issued and served in the prescribed
manner.
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(6) |
A session of a board of inquiry shall be
held in public, unless the Minister directs otherwise.
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(7) |
The findings of a board of inquiry and the
reasons therefor shall not be disclosed by the board of inquiry, but shall be
conveyed to the Minister in writing.
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(8) |
A member of a board of inquiry who is not
in the full-time employment of the State shall be paid such remuneration and
allowances as the Minister with the concurrence of the Minister of State
Expenditure may determine.
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(9) |
The Director-General shall designate such
officers and employees of the Department as may be necessary, to assist the
board of inquiry with the administrative work relating to its inquiry.
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