Section 6: Powers of Human Rights Division
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Powers of Human Rights Division
(1) The Human Rights Division may, for the purposes of this Act—
(a) summon witnesses and examine them on oath;
(b) call for the production of any Court record or a certified copy
thereof, document or other exhibit; and
(c) obtain such information, file or other record, if necessary by an
order from the Judge in Chambers, as may be required for the
exercise of its functions.
(2) An officer of the Human Rights Division specially authorised in that
behalf by the Chairperson may, on a warrant issued by the Human Rights
Division, enter any building or place where the Human Rights Division has
reason to believe that any document or other exhibit relating to the subject
matter of an enquiry may be found and may seize any such document or other
exhibit or take extracts or copies therefrom.
(3) Every order, authorisation, warrant or decision of the Human Rights
Division shall be authenticated by the Secretary of the Human Rights Division
or any other officer of the Human Rights Division duly authorised by the
Chairperson in that behalf.
(4) —
[S. 6 amended by s. 8 of Act 19 of 2012 w.e.f. 1 July 2013; s. 9 (b) of Act 20 of 2013
w.e.f. 3 August 2013.]
P46 – 7 [Issue 6]
Protection of Human Rights Act
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Questions this section answers
- Can the Human Rights Division summon witnesses and put them under oath?
- Can an officer of the Human Rights Division enter and search premises for evidence with a warrant?