16Powers of tribunals to take evidence

16 Powers of tribunals to take evidence

(1)  *[Section 16 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*For the purposes of securing the attendance of witnesses and the production of documents, and for the examination of witnesses on oath or otherwise –

(a) a tribunal mentioned in chapter IX of the Constitution shall –

(i) [Section 16 Subsection (1) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012] be deemed to be an arbitral tribunal under the Commercial Arbitration Act 2011 ; and

(ii) have power to administer an oath to, or take an affirmation from, a witness; and

(b) a party to a proceeding before such a tribunal or a person permitted by such a tribunal to submit any evidence to it shall be deemed to be a party to a submission and reference to arbitration within the meaning of that Act.

(2)  A writ of subpoena shall not be issued by virtue of this section to a person who is not a member of the Church.

(3)  Where a person who is a not a member of the Church is served with a writ of subpoena issued contrary to this section, he is not bound to obey it.

(4)  Every writ of subpoena issued by virtue of this section shall have plainly set forth thereon a note that a person who is not a member of the Church, naming it, is not to be served therewith and if he should be served is not bound to obey it.