Section 11: Duty of witnesses

11. Duty of witnesses (1) Any witness summoned to attend and give evidence, or to produce books, plans, or documents at any sitting of the Commission, shall obey the summons served upon him in all respects as a witness obeys a summons issued from the Supreme Court, and shall be entitled to such expenses as are allowed to a witness who is summoned to attend that Court on a criminal trial, but the Commission may disallow the whole or any part of such expenses where it thinks fit. (2) Orders for the payment of the expenses of any witness shall be made as nearly as may be as orders are made for the payment of expenses to witnesses in the Supreme Court, and such expenses shall be paid in such manner as the President may direct. (3) Subject to subsections (4) and (5), every person who— (a) refuses or omits, without sufficient cause, to attend a sitting of the Commission at the time and place specified in the summons served upon him; C31 – 3 [Issue 1] (b) attends a sitting of the Commission following a summons served upon him but leaves the sitting without the permission of the Commission; (c) refuses to be sworn or to make an affirmation or declaration, as the case may be; (d) refuses, without sufficient cause, to depone; (e) refuses, without sufficient cause, to answer or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the Commission; (f) refuses or omits, without sufficient cause, to produce any book, plan or other document in his possession or under his control which is specified in the summons served upon him, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees to be imposed by the Commission. (4) Where a person commits an offence specified in subsection (3) before a Commission appointed to inquire into a matter of vital public importance specified in the Fourth Schedule, he shall be liable to a fine not exceeding 5 million rupees to be imposed by the Commission. (5) (a) Notwithstanding any other law in force in Mauritius, where a Commission requires, in relation to a matter of vital public importance specified in the Fourth Schedule, the full disclosure of the bank account or the bank deposit of a witness, including any account or deposit operated or made by that person in a fictitious name or for or on behalf of any other person, every bank which is required by the Commission to make the disclosure and which fails to do so shall commit an offence and shall, on conviction by the Intermediate Court, be liable to a fine not exceeding one million rupees. (b) The Intermediate Court may, in addition to a fine, order that the licence of the bank be revoked. (c) Notwithstanding any other law in force, the Intermediate Court will have jurisdiction to inflict the fine imposed under paragraph (a). (6) Every person who, at any sitting of the Commission, wilfully insults a Commissioner or the Secretary of the Commission or wilfully interrupts the proceedings of the Commission or otherwise wilfully commits a contempt of the Commission shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 12 months. (7) (a) Any fine imposed by a Commission under subsection (3) or (4) shall, for the purposes of execution, be deemed to have been imposed by the District Magistrate of Port Louis exercising jurisdiction under the District and Intermediate Court nterrupts the proceedings of the Commission or otherwise wilfully commits a contempt of the Commission shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 12 months. (7) (a) Any fine imposed by a Commission under subsection (3) or (4) shall, for the purposes of execution, be deemed to have been imposed by the District Magistrate of Port Louis exercising jurisdiction under the District and Intermediate Courts (Criminal Jurisdiction) Act. (b) A certificate in the form specified in the Third Schedule shall be sufficient authority to the District Magistrate for the purposes of execution. [S. 11 amended by Act 58 of 1983; Act 34 of 1986; Act 19 of 1987; Act 48 of 1991.] [Issue 1] C31 – 4