LLA1660A Applications for a subpoena

R200.00

This article explains the law with regard to subpoena, a witness to attend an arbitration at the  CCMA.

The article is part of the book “A Practitioner’s Guide to Labour Disputes”.

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Description

Parties find it necessary to subpoena a witness to attend an arbitration hearing[1].
Practitioners need to be aware of the provisions of section 142 of the LRA, which state as follows-

142    Powers of commissioner when attempting to resolve disputes

(1) A commissioner who has been appointed to attempt to resolve a dispute may-

(a)             subpoena for questioning any person who may be able to give information or whose presence at the conciliation or arbitration proceedings may help to resolve the dispute;

(b)             subpoena any person who is believed to have possession or control of any book, document or object relevant to the resolution of the dispute, to appear before the commissioner to be questioned or to produce that book, document or object;

(c)             call, and if necessary subpoena, any expert to appear before the commissioner to give evidence relevant to the resolution of the dispute;

(d)             call any person present at the conciliation or arbitration proceedings or who was or could have been subpoenaed for any purpose set out in this section, to be questioned about any matter relevant to the dispute;…..

[1]                 Even though the LRA grants a panellist to power to subpoena a witness to a conciliation, it is doubtful that this could happen, because a conciliation is a ‘without prejudice’ process.

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