Section 36: Sittings of Tribunal
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
36. Sittings of Tribunal
(1) The Tribunal may sit at such place and at such time as the President
thinks fit.
(2) The Tribunal—
(a) shall carry out its functions with diligence;
(b) shall sit in public, unless, for good cause shown in any particular
case or in relation to any specific matter, it determines otherwise;
(c) may make such orders for requiring the attendance of any person and the production of any document or exhibit as it thinks
necessary or expedient;
(d) may enter and inspect any property for the purposes of inquiring
into the complaint; and
(e) may summon witnesses and examine them on oath.
(3) Where the Tribunal determines that proceedings shall be conducted in
private, it may order the parties, or any other person, not to disclose or publish details of the proceedings.
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Equal Opportunities Act
(4) Any person who—
(a) fails without reasonable excuse, to attend the Tribunal after having been required to do so under subsection (2);
(b) refuses to take an oath before the Tribunal or to answer fully
and satisfactorily to the best of his knowledge and belief any
question lawfully put to him in any proceedings before the
Tribunal or to produce any document when required to do so by
the Tribunal;
(c) knowingly gives false evidence or evidence which he knows to
be misleading before the Tribunal;
(d) at any sitting of the Tribunal—
(i) insults a person referred to in section 34 (1);
(ii) interrupts the proceedings;
(e) fails to comply with an order made or directive issued by the
Tribunal; or
(f) commits any other contempt of the Tribunal,
shall commit an offence and shall, on conviction, be liable to a fine not
exceeding 100,000 rupees and to imprisonment for a term not exceeding 5 years.
[S. 36 amended by s. 11 of Act 31 of 2011 w.e.f. 31 December 2011.]
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Questions this section answers
- Does the Equal Opportunities Tribunal hear cases in public?
- What happens if I refuse to attend the Tribunal or give false evidence to it?