Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)RegulationsRegulations regarding NHBRC Disciplinary Proceedings7. Witnesses and attendances |
| (1) | A committee may of its own accord or at the instance of the home builder or the prosecutor summon any person to be present at an inquiry in order to give evidence and to produce at such inquiry any book or other document which such person has in his or her possession or custody or under his or her control or which is suspected or believed to be in his or her possession or custody or under his or her control and which has a bearing on the charge which is a subject matter of such inquiry. |
| (2) | The committee may require security for the cost of attendance of any particular witness. |
| (3) | Subject to a decision of the committee, the Council may pay a witness for the Council summoned and present at an inquiry, the reasonable fees that the Council may from time to time determine generally, or in any particular case. |
| (4) | No person – |
| (a) | having been duly summoned to be present at an inquiry, may without lawful excuse fail so to appear; |
| (b) | having been called as a witness at an inquiry, may without lawful excuse refuse to be sworn or to make an affirmation or to produce any book or other document or to answer any question which he or she may be required to produce or answer. |
| (5) | Where a person fails to comply with subregulation (4), he or she is guilty of an offence in terms of section 27(1) of the Act and liable on conviction to a fine not exceeding R25 000 or to imprisonment for a period not exceeding one year. |